2023 Regular SessionVirginia Legislature

HB2428: Marijuana; advertising restrictions, penalties.

Legislative Summary

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter 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. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board of Directors of the Virginia Cannabis Control Authority must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.

Bill History

1/18/2023
Presented and ordered printed 23104308D
House of Delegates
1/18/2023
Referred to Committee on General Laws
House of Delegates
1/23/2023
Assigned GL sub: Subcommittee #5
House of Delegates
1/31/2023
Subcommittee recommends reporting with substitute (8-Y 0-N)
House of Delegates
1/31/2023
Subcommittee recommends referring to Committee for Courts of Justice
House of Delegates
1/31/2023
Reported from General Laws with substitute (22-Y 0-N)
House of Delegates
1/31/2023
Committee substitute printed 23106057D-H1
House of Delegates
1/31/2023
Referred to Committee for Courts of Justice
House of Delegates
2/1/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
2/1/2023
Subcommittee recommends reporting with substitute (8-Y 0-N)
House of Delegates
2/3/2023
Subcommittee recommends reporting with substitute (8-Y 0-N)
House of Delegates
2/3/2023
Reported from Courts of Justice with substitute (20-Y 0-N)
House of Delegates
2/3/2023
Committee substitute printed 23106281D-H2
House of Delegates
2/5/2023
Read first time
House of Delegates
2/6/2023
Read second time
House of Delegates
2/6/2023
Committee on General Laws substitute rejected 23106057D-H1
House of Delegates
2/6/2023
Committee on Courts of Justice substitute agreed to 23106281D-H2
House of Delegates
2/6/2023
Engrossed by House - committee substitute HB2428H2
House of Delegates
2/7/2023
Read third time and passed House BLOCK VOTE (99-Y 0-N)
House of Delegates
2/7/2023
VOTE: Block Vote Passage (99-Y 0-N)
House of Delegates
2/8/2023
Constitutional reading dispensed
Senate
2/8/2023
Referred to Committee on Rehabilitation and Social Services
Senate
2/10/2023
Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)
Senate
2/10/2023
Committee substitute printed 23106593D-S1
Senate
2/13/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/14/2023
Read third time
Senate
2/14/2023
Reading of substitute waived
Senate
2/14/2023
Committee substitute agreed to 23106593D-S1
Senate
2/14/2023
Engrossed by Senate - committee substitute HB2428S1
Senate
2/14/2023
Passed Senate with substitute (40-Y 0-N)
Senate
2/16/2023
Senate substitute rejected by House 23106593D-S1 (0-Y 99-N)
House of Delegates
2/16/2023
VOTE: REJECTED (0-Y 99-N)
House of Delegates
2/20/2023
Senate insisted on substitute (40-Y 0-N)
Senate
2/20/2023
Senate requested conference committee
Senate
2/21/2023
House acceded to request
House of Delegates
2/21/2023
Conferees appointed by House
House of Delegates
2/21/2023
Delegates: Wilt, Bell, Delaney
House of Delegates
2/22/2023
Conferees appointed by Senate
Senate
2/22/2023
Senators: Obenshain, Surovell, Boysko
Senate
2/25/2023
Conference: Amended by conference committee
2/25/2023
Conference substitute printed 23107590D-H3
House of Delegates
2/25/2023
Conference report agreed to by House (92-Y 0-N)
House of Delegates
2/25/2023
VOTE: Adoption (92-Y 0-N)
House of Delegates
2/25/2023
Conference report agreed to by Senate (40-Y 0-N)
Senate
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB2428ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/27/2023
Governor: Approved by Governor-Chapter 711 (effective 7/1/23)
3/27/2023
Governor: Acts of Assembly Chapter text (CHAP0711)

Amendments

Conference amendments

Conference amendments

2/25/2023Not Adopted

Substitute for HB2428 General Laws, Subcommittee #5

Substitute for HB2428 General Laws, Subcommittee #5

1/31/2023Not Adopted

Substitute for HB2428 General Laws, Subcommittee #5

Substitute for HB2428 General Laws, Subcommittee #5

1/31/2023Adopted

Roll Call Votes

Senate: Conference report agreed to by Senate (40-Y 0-N)
2/25/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Adoption (92-Y 0-N)
2/25/2023
92
Yea
0
Nay
0
Not Voting
8
Absent
Result: PASSED
Senate: Senate insisted on substitute (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: REJECTED (0-Y 99-N)
2/16/2023
0
Yea
99
Nay
0
Not Voting
1
Absent
Result: FAILED
Senate: Passed Senate with substitute (40-Y 0-N)
2/14/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/13/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)
2/10/2023
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Block Vote Passage (99-Y 0-N)
2/7/2023
99
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Courts of Justice with substitute (20-Y 0-N)
2/3/2023
20
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (8-Y 0-N)
2/3/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (8-Y 0-N)
2/1/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Reported from General Laws with substitute (22-Y 0-N)
1/31/2023
22
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (8-Y 0-N)
1/31/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/27/2023)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Republican: 1
Democrat: 2

Primary Sponsor

Tony Wilt
Tony Wilt
Republican

Documents

Chaptered
Bill Text3/27/202311.7 KB
Enrolled
Bill Text3/7/202311.7 KB
Conference Sub
Bill Text2/25/202311.8 KB
Comm Sub
Bill Text2/10/20237.2 KB
Comm Sub
Bill Text2/3/202311.9 KB
Comm Sub
Bill Text1/31/202320.1 KB
Introduced
Bill Text1/18/20237.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/10/202385.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/14/202381.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/8/202368.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/4/202368.9 KB