Virginia 2023 Regular Session Status: Enacted

HB 2428 — Marijuana; advertising restrictions, penalties.

Last action — Acts of Assembly Chapter text (CHAP0711)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 18, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 27, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 13 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

116 added · 112 removed

Plain-language change summary

The recent amendments to HB 2428 introduce specific rules regarding advertising for marijuana and related products in Virginia. Key changes include delineating penalties for violations and establishing exceptions for certain licensed businesses, like pharmaceutical processors, which can advertise according to different regulations. These adjustments are important because they help regulate how marijuana is marketed, aiming to prevent misleading advertisements while allowing compliant businesses to promote their products appropriately.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 4.1-1116 and by adding in N advertising restrictions;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 711 An Act to amend the Code of Virginia by adding a section numbered 4.1-1116 and by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1400, 4.1-1401, and 4.1-1402, relating to marijuana;
penalties.bered 4.1-1400, 4.1-1401, and 4.1-1402, relating to mariRuana;
advertising restrictions;
O [H 2428] L Approved L Be it enacted by the General Assembly of Virginia:
penalties.
E 1.
[H 2428] Approved March 27, 2023 Be it enacted by the General Assembly of Virginia:
That the Code of Virginia is amended by adding a section numbered 4.1-1116 and by adding in D Cha§ 4.1-1116.
1.
That the Code of Virginia is amended by adding a section numbered 4.1-1116 and by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1400, 4.1-1401, and 4.1-1402 as follows:
§ 4.1-1116.
exception.401, and 4.1-1402 as follows:
exception.
No person shall advertise in or send any advertising material into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol other than those that may be legally sold in the Commonwealth under this subtitle or Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act.
No person shall advertise in or send any advertising material into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or Commonwealth under this subtitle or Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act.
Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall comply with the provHsions of this subtitle and Board regulations.
Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall comply with the provisions of this subtitle and Board regulations.
2 guilty of a Class 1 misdemeanor.ection C, any person who violates the provisions of subsection 2 is C.
B.
Except as provided in subsection C, any person who violates the provisions of subsection A is guilty of a Class 1 misdemeanor.
C.
as those terms are defined in § 4.1-1400.synthetic derivative" and "tetrahydrocannabinol" mean the same § 4.1-1400.
E.
For the purposes of this section, "synthetic derivative" and "tetrahydrocannabinol" mean the same as those terms are defined in § 4.1-1400.
§ 4.1-1400.
"Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol.
"Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol.
For the purposesce of this definition, "isomer" means the optical, position, and geometric isomers.
For the purposes of this definition, "isomer" means the optical, position, and geometric isomers.
Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tet1.
Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall:
1.
tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall not:containing a synthetic 1.
C.
Be broadcasted (i) through any means unless at least 71.6 percent of the audience is reasonably of 2 expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data or (ii) through digital pop-ups;
Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall not:
2.
1.
Be broadcasted (i) through any means unless at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data or (ii) through digital pop-ups;
of 2 2.
No outdoor advertising regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall be placed within 500 linear feet on the same side of the road, and parallel to such road, measured from the nearest edge of the sign face upon which the advertisement is placed to the nearest edge of a building or structure located on the real property of (i) a church, synagogue, mosque, or other place of religious worship;
No outdoor advertising regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall be placed within linear feet on the same side of the road, and parallel to such road, measured from the nearest edge of the sign face upon which the advertisement is placed to the nearest edge of a building or structure located on the real property of (i) a church, synagogue, mosque, or other place of religious worship;
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Action History

  1. Acts of Assembly Chapter text (CHAP0711)

  2. Approved by Governor-Chapter 711 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill communicated to Governor on March 13, 2023

  5. Impact statement from DPB (HB2428ER)

  6. Signed by President

  7. Signed by Speaker

  8. Bill text as passed House and Senate (HB2428ER)

  9. Enrolled

  10. Conference report agreed to by Senate (40-Y 0-N)

  11. VOTE: Adoption (92-Y 0-N)

  12. Conference report agreed to by House (92-Y 0-N)

  13. Conference substitute printed 23107590D-H3

  14. Amended by conference committee

  15. Senators: Obenshain, Surovell, Boysko

  16. Conferees appointed by Senate

  17. Delegates: Wilt, Bell, Delaney

  18. Conferees appointed by House

  19. House acceded to request

  20. Senate requested conference committee

  21. Senate insisted on substitute (40-Y 0-N)

  22. VOTE: REJECTED (0-Y 99-N)

  23. Senate substitute rejected by House 23106593D-S1 (0-Y 99-N)

  24. Impact statement from DPB (HB2428S1)

  25. Passed Senate with substitute (40-Y 0-N)

  26. Engrossed by Senate - committee substitute HB2428S1

  27. Committee substitute agreed to 23106593D-S1

  28. Reading of substitute waived

  29. Read third time

  30. Constitutional reading dispensed (40-Y 0-N)

  31. Committee substitute printed 23106593D-S1

  32. Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)

  33. Referred to Committee on Rehabilitation and Social Services

  34. Constitutional reading dispensed

  35. Impact statement from DPB (HB2428H2)

  36. VOTE: Block Vote Passage (99-Y 0-N)

  37. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  38. Engrossed by House - committee substitute HB2428H2

  39. Committee on Courts of Justice substitute agreed to 23106281D-H2

  40. Committee on General Laws substitute rejected 23106057D-H1

  41. Read second time

  42. Read first time

  43. Impact statement from DPB (HB2428H1)

  44. Committee substitute printed 23106281D-H2

  45. Reported from Courts of Justice with substitute (20-Y 0-N)

  46. Subcommittee recommends reporting with substitute (8-Y 0-N)

  47. House subcommittee amendments and substitutes offered

  48. Subcommittee recommends reporting with substitute (8-Y 0-N)

  49. Assigned Courts sub: Subcommittee #1

  50. Referred to Committee for Courts of Justice

  51. Committee substitute printed 23106057D-H1

  52. Reported from General Laws with substitute (22-Y 0-N)

  53. Subcommittee recommends referring to Committee for Courts of Justice

  54. Subcommittee recommends reporting with substitute (8-Y 0-N)

  55. House subcommittee amendments and substitutes offered

  56. Assigned GL sub: Subcommittee #5

  57. Referred to Committee on General Laws

  58. Presented and ordered printed 23104308D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2428?
HB 2428 is sponsored by Tony O. Wilt.
What is the current status of HB 2428?
This bill has been enacted into law. Introduced January 18, 2023. Enacted.
Where can I track HB 2428?
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