General Assembly Democrats have dug themselves into quite a hole as it relates to their sloppy attempt to legalize retail marijuana sales in Virginia. After spending much time insisting that there was no problem with the law they passed through Virginia’s budget, they recently announced that the Virginia Code Commission had “fixed” the issues of real concern.
Last week, we learned of a significant flaw in the last minute Democratic-sponsored marijuana marketplace bill. What seemed to be an oversight with the dates that the new law becomes effective appears to have actually repealed all of Virginia’s marijuana laws immediately, with the replacement laws being effective next year. While there have been legal readings that give Democrats the benefit of the doubt, it could also be interpreted that the drafting problem with this law could let big-time drug dealers and traffickers off the hook.
When told of the legal dilemma they created, General Assembly Democrats rolled their eyes. The Democratic state Senator who sponsored the legislation that legalizes retail marijuana claimed that there was no problem, and opponents were simply “fear mongering” because they never supported a retail market to begin with. Yet, after many Commonwealth’s attorneys came forward to share similar concerns with the law as written, a Democratic Delegate from northern Virginia claimed that the Virginia Code Commission “had fixed the situation.”
However, this raises an important question about the role of the Virginia Code Commission: how much authority does it have to fix “unmistakable errors” as cited in code? And if there was no error to begin with – as mentioned by that state Senator – then what is the Code Commission actually doing?
Past practice has been for the Code Commission to correct numbering, typographical errors and misspellings. Doing things like establishing new effective dates for legislation has – until now – been outside of the Commission’s authority. The issue with the law constitutes an easy, one-day fix should Democrats decide that they want to ensure that the Commonwealth’s laws regarding the distribution of marijuana stay intact and function properly. Yet for some reason, they refuse to admit that they made the mistake in the first place.
The process that the General Assembly follows to make laws is important, and we must take care that the laws we pass do not have unintended consequences. When the Democratic majority takes shortcuts – as it did by trying to rush a retail marijuana law through the budget process – obvious errors can be missed. Mistakes such as these are the reason that major changes to the state code can take years. Thoughtful consideration, not partisan zeal, is the requirement when more than 8.5 million lives are to be impacted.
As the Delegate representing the 42nd House District in the Virginia General Assembly, your concerns are my greatest priority. If ever I may be of assistance to you and your family, please do not hesitate to reach out to me at [email protected]. You can also follow me on Twitter @JasonBallardVA or like my Facebook page, Jason Ballard for Delegate, to keep up to date with what I am doing in Richmond and in our community on your behalf.
