Virginia Beach seeks clarity on cannabis regulations

VIRGINIA BEACH — After state legislators loosened regulations on marijuana last year, Virginia Beach city leaders are trying to get in front of any further changes to the law. They recently established a cannabis task force and support state legislation on taxing cannabis sales. Earlier this month, the council invited experts to answer questions at a meeting.

Jeremy Preiss, chief of regulatory policy for the Virginia Cannabis Control Authority, said at the meeting Virginia Beach is already in a unique situation when it comes to cannabis.

“Where Virginia Beach may differ from other communities is the scale of what you’re facing,” Preiss told the council members. “You guys are an attractive destination; a lot of people come to the area to relax, have a good time, party.”

The General Assembly legalized marijuana in Virginia in 2021, with certain limitations and conditions. It can be used and shared by adults 21 and older in a residence but not in public. Adults 21 and older may grow up to four plants per household, and the only legal way to purchase marijuana in Virginia is through medical retail sales.

The General Assembly didn’t pass proposed legislation needed to create a marijuana retail market, but it may revisit the issue in the 2023 session, which begins in January.

If retail sales are eventually legalized in Virginia, communities across the state will decide whether to allow stores and enact zoning laws to control them.

Illicit cannabis consumption and sales have been a source of frustration for some Virginia Beach tourism industry leaders, who have expressed concerns about marijuana odor wafting from hotel balconies and “pop-up” shops unfolding at the Oceanfront. It’s also not uncommon to see people brazenly smoking weed on the Boardwalk.

They’ve also questioned the potential impact legalized sales could have on a “family-friendly” resort area.

Councilman Guy Tower brought those concerns to City Council and urged the creation of the task force, which will review state laws and gather public input. It could also advise City Council on potential zoning laws to control sales.

At the council meeting, Preiss addressed questions about the current state regulations. His organization controls the possession, sale and transportation of cannabis in the commonwealth, among other duties. Councilman Michael Berlucchi asked Preiss about the legality of an existing venue where Berlucchi believes customers smoke and share cannabis.

“If people want to have a bunch of people over to their house to get high, that’s permitted, but a public consumption lounge is off limits under the current law,” Preiss said.

The lack of a provision for legal marijuana sales in state law has led to illicit activity, Jason Blanchette, owner of Sage Kitchen in Virginia Beach and president of the Virginia Cannabis Association, said in a recent interview.

“We can’t put this genie back in the bottle,” Blanchette said. “We need to figure out how to regulate it.”

He and the association’s members bend the ear of state legislators to fully legalize marijuana. They want to play a role in the industry’s future.

“We want to make sure there is a seat at the table for Virginia farmers and Virginia small businesses,” Blanchette said.

[ Hampton Roads cannabis businesses branch out while awaiting legal retail sales, but future still hazy ]

Meanwhile, legal medical marijuana retail sales in the commonwealth are booming.

New York based-Columbia Care operates medical marijuana dispensaries in Hampton Roads. The company is one of four processors in the state.

More than 45,000 Virginians are registered as medical cannabis patients. In Hampton Roads, Columbia Care’s only store in Virginia Beach, Cannabist, serves 3,000 veterans, Ngiste Abebe, director of public policy at Columbia Care, said at the council meeting.

“I have seen among our patients how cannabis can be life changing,” she said. “I also think we need to be very diligent about having responsible consumption and making sure folks know both the risks and benefits of the plant.”

On a recent weekday morning, about 10 patients lined up outside Cannibist on Birdneck Road. On an average day, 200 to 300 people shop there, Columbia Care pharmacist Ray Hernandez said.

Hernandez said pain, anxiety and sleep problems are among some of the conditions patients have experienced in order to receive a medical certification by a licensed practitioner, which is required to enter the store.

Once inside, patients can describe their symptoms and discuss the type of relief they’re looking for with the staff in order to get the marijuana product best suited for them.

Large menus on the wall provide a plethora of choices from pre-rolled joints (two for $17) to gummies (12 for $50) to oils for vaping (0.5 grams for $50) and the traditional bud of marijuana, also called a “flower” (3.5 grams for $50). The products are not covered by insurance plans, but Cannibist offers discounts for qualifying patients.

Doses are capped at 10 milligrams of THC, the psychoactive substance found in cannabis. The products are lab tested by a third party and approved by a state board.

All of Cannabist’s products are cultivated and manufactured in a facility in Portsmouth, where every plant is tracked from seed to sale. Rooms inside the 65,000-square-foot building are dedicated to each stage of a marijuana plant’s growth cycle. Temperature, light, ventilation and nutrients are closely monitored by a staff of trained horticulturalists.

There’s extra space in the building, too, “in preparation for going recreational,” Hernandez said on a recent tour of the facility.

For now, Columbia Care is cultivated only for those with a medical certification. But the lines outside the Cannabist stores are getting longer.

“This program, being the only way you can legally access retail marijuana, is growing in leaps and bounds,” Preiss told City Council. “It’s the only game in town.”

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com