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ARNOLD: Changing Virginia’s marijuana laws

The state’s crime commission should conduct a study into the penalties surrounding marijuana possession

In a Nov. 30 letter, state Senate Majority Leader Tommy Norment formally requested that the Virginia State Crime Commission “undertake a study examining a future change to the Code of Virginia regarding criminal penalties related to possession of small amounts of marijuana.” Specifically, Norment asked the commission to look at the consequences of marijuana legalizations in other states, recent research about the effects of marijuana use and potential conflicts with federal law, among other things. While the commission does not have to perform the study, it should — a state-sponsored study of marijuana legalization, especially one requested by a Republican state senator, is the first step in creating smart, equitable marijuana policy for the Commonwealth.

Coming from a majority leader, Norment’s request carries weight, though not enough to force the commission to undertake the study. Del. Bob Bell (R-58), whose district includes a large portion of Albemarle County, chairs the commission. All 13 members of the commission, which includes both Bell and Norment, must vote to approve the study before it can take place.

Norment only recently changed his stance on marijuana legalization, saying, "I think it's absolutely crazy that we continue to lock people up for possession of a modest amount of marijuana. We are tough on crime. It's a question of what crimes we want to be tough on." Previously, Norment was a strong opponent of legalization; his change of heart, which he says is due to more education on the issue and broader cultural changes, reflects the changing sentiments of the Commonwealth and the country.

About 80 percent of Virginians are in favor of reducing the penalty for possessing a small amount of marijuana from a misdemeanor to a $100 fine, according to a Virginia Commonwealth University poll; 62 percent strongly or somewhat agreed that recreational use of marijuana should be legalized. A 2016 poll of registered voters across the country found that 54 percent are in favor of legalization. Twenty-six states have legalized marijuana in some form.

But Virginia’s lawmakers should not only be concerned with favorability: Virginia’s marijuana laws should change because they disproportionately affect black Virginians. Marijuana-related arrests over the last 10 years have increased sharply, but not equally across racial groups: from 2011 to 2013, marijuana possession arrests increased by 1,987 in the Commonwealth, and black Virginians accounted for 82 percent of this increase, according to report compiled using FBI data. Though black Virginians account for only about 20 percent of the state’s population, they accounted for nearly 40 percent of the possession arrests in 2013.

While Bell does not represent Charlottesville, and therefore does not represent more University students, he is not the only member of the commission, which also includes several other state delegates and senators. Concerned University students should consider making a phone call or writing a letter if they are registered to vote in the districts of any of these delegates or senators, urging their representative to support the study.

While a state-sponsored study does not guarantee marijuana will be legalized, either medically or recreationally, it does give legislators (on both sides of the issue) concrete evidence upon which to base their arguments about a potential policy change. And considering the negative effects of Virginia’s current policies and the changing cultural landscape around marijuana usage, it’s high time for the Commonwealth to reform its laws.

Jordan Arnold is an Opinion columnist for the Cavalier Daily. She can be reached at j.arnold@cavalierdaily.com.

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