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Delegate calls on state to study sale of marijuana

Englin hopes to generate tax revenue, pushes for medical use of substance

The Virginia House of Delegates heard two bills Tuesday proposed by Del. David Englin, D-Alexandria, one of which would call for a study to evaluate the potential sale of marijuana in Virginia's Alcoholic Beverage Control stores as a means of generating tax revenue.

The bill, House Joint Resolution 140, has been referred to the Rules Committee for discussion.

"My goal is to find out what the revenue impact would be of legalization, regulation and control ... so we can have an intelligent discussion," Englin said.

Last summer, Veterans for Medical Marijuana, a group which advocates for therapeutic cannabis use, approached Englin and asked him to continue a former delegate's efforts to legalize marijuana use.

The Veterans for Medical Marijuana "were successful in convincing states with medical marijuana legislation to allow medical marijuana for the treatment of [Post Traumatic Stress Disorder] in some hospitals," Englin said.

Sixteen states have legalized medicinal marijuana and 14 states have decriminalized it.

Law School Prof. Richard Bonnie said the bill stands a slim chance of becoming law because of it would violate federal law.

"The legislature is welcome to study whatever it wants, but there is absolutely no prospect [of legalizing the sale of the drug in ABC stores]," he said. "Even if the study suggests that it might be in the commonwealth's best fiscal interest ... it would be a violation of federal law to facilitate its manufacture, distribution or consumption."

Englin said the proposed legislation has been sensationalized and he is not seeking an immediate and widespread legalization of marijuana.

"[Resolution 140] simply asks the question of if we sold marijuana through ABC stores, how much money would we get?" he said.

The other bill Englin proposed, House Joint Resolution 139, aims to decriminalize marijuana for medical needs and would allow the state to put programs in place for the manufacture, distribution and use of marijuana. For the bill to become law, Gov. Bob McDonnell would have to petition the Drug Enforcement Agency to change the status of marijuana from a "Schedule I" to a "Schedule II" drug.

But McDonnell would not support the bill in any incarnation, McDonnell spokesperson Jeff Caldwell said.

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