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House panel kills watered-down GOP bill on retail marijuana sales

In a nod to the political reality that the Virginia General Assembly is unlikely to legalize retail sales of marijuana this session, a Republican lawmaker encouraged his colleagues to just ask the state’s Cannabis Control Authority to start drawing up rules for a retail marketplace that legislators could look at next year.

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By Graham Moomaw

In a nod to the political reality that the Virginia General Assembly is unlikely to legalize retail sales of marijuana this session, a Republican lawmaker encouraged his colleagues to just ask the state’s Cannabis Control Authority to start drawing up rules for a retail marketplace that legislators could look at next year.

Speaking before a GOP-led House of Delegates subcommittee Tuesday night, Del. Keith Hodges, R-Middlesex, said he’s never been a big fan of sanctioning recreational marijuana use. But, he added, Virginia’s refusal to allow retail marijuana sales — while making marijuana legal to grow at home and possess in small amounts — has created public safety risks from unregulated products that are more widely available than ever.

“If we do nothing, we have a problem on our hands,” Hodges said. “And we need to protect the citizens of Virginia from the illicit market.”

Greg Habeeb, a former Republican delegate turned lobbyist who represents the Virginia Cannabis Association, said the watered-down bill should be entirely uncontroversial and something even Gov. Glenn Youngkin could support, despite the administration’s reluctance to get behind legal weed sales.

“All this bill does is says the [Cannabis Control Authority], that you all have propped up and funded, should do its job of advising you guys of what a market could look like next year,” Habeeb said.

The vote on the bill was far from unanimous. It failed 5-2, with Republicans opposing it and Democrats supporting it. The same subcommittee also rejected a different Republican-sponsored bill that would have actually established a retail marijuana market rather than planning how it could be done in the future.

The Democratic-led state Senate is still working on its own marijuana sales bill, but the action in the House Tuesday evening is a strong sign the 2023 session will be another year of deadlock on the issue.

As he made a motion to block the legislation that simply asked the cannabis board to begin drafting rules for how a retail marketplace would function, Del. Chris Runion, R-Rockingham, said the bill didn’t do anything to address illegal or dangerous products currently being sold in Virginia.

“We do have several bills moving forward that address that,” Runion said. “So I think that needs to be our focus.”

Runion did not lay out a case for why the General Assembly can’t pass both bills, moving toward a retail marketplace while also cracking down on largely unregulated products like hemp-derived delta-8, which can still get users high even though it’s technically not marijuana.

The Youngkin administration is backing legislation to impose stricter regulations on businesses that sell those products, with a particular eye toward protecting children from THC-infused edibles that often come in colorful but confusingly labeled packaging.

Because the hemp regulation bills appear to be moving forward in the Senate, there’s still a chance advocates could try to tie the two issues together. The Youngkin administration has pushed back against that approach.

“The decision on whether to legalize retail sales and whether to clean up harmful hemp products hopefully should be considered separately,” Parker Slaybaugh, chief deputy secretary of agriculture and forestry, told lawmakers at a committee hearing.

Numerous representatives from the cannabis industry have insisted the two topics can’t be separated, arguing the state’s problem with unregulated intoxicating products is a direct result of lawmakers’ failure to set up a state-sanctioned market with safer, legal products.

A lobbyist for Jushi, a company that has one of Virginia’s few licenses to sell medical cannabis but also sells recreational products in states that allow them, emphasized that nothing in the scaled-back, one-page Hodges bill would cause any new dispensaries to open.

“We do things incrementally in Virginia,” said Jushi representative Hunter Jamerson. “I think this is that incremental approach.”

The status of two hemp regulation bills in the House was unclear as of Wednesday afternoon, when both were surprisingly voted down 11-9 in the Courts of Justice Committee. The committee is not yet done with its meetings, so the legislation could still be revived for another vote.

Linking the marijuana and hemp bills together could force the two sides to negotiate a deal later in the session. However, it could also raise the possibility of failure on both fronts if Democrats refuse to support standalone hemp legislation and Republicans insist on blocking retail weed sales.

On the Senate side, the major cannabis bills are pending in the Finance and Appropriations Committee, which is set to meet Thursday. At the urging of progressive activists, the Senate marijuana bill was amended to give Virginians incarcerated for marijuana-related offenses an opportunity to have their sentences reconsidered by the courts. Some Democrats have insisted on that provision, which supporters see as a matter of fairness to Black communities disproportionately impacted by marijuana prohibition.

The crossover deadline for each chamber to finish work on its own bills is Tuesday.

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Downtown

Feds identify ‘significant’ ongoing concerns with Virginia special education

After failing to meet federal requirements to support students with disabilities in 2020, the Virginia Department of Education will remain under further review by the federal government after continuing to fall short in monitoring and responding to complaints against school districts, according to a letter from the U.S. Department of Education.

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By Nathaniel Cline

After failing to meet federal requirements to support students with disabilities in 2020, the Virginia Department of Education will remain under further review by the federal government after continuing to fall short in monitoring and responding to complaints against school districts, according to a letter from the U.S. Department of Education.

“We have significant new or continued areas of concerns with the State’s implementation of general supervision, dispute resolution, and confidentiality requirements” of IDEA, stated the Feb. 17 letter from the Office of Special Education Programs.

The U.S. Department of Education first flagged its concerns in a June 2020 “Differentiated Monitoring and Support Report” on how Virginia was complying with the Individuals with Disabilities Education Act, following a 2019 visit by the Office of Special Education Programs.

IDEA, passed in 1975, requires all students with disabilities to receive a “free appropriate public education.”

The Virginia Department of Education disputed some of the federal government’s findings in a June 19, 2020 letter.

Samantha Hollins, assistant superintendent of special education and student services, wrote that verbal complaints “are addressed via technical assistance phone calls to school divisions” and staff members “regularly work to resolve parent concerns” by providing “guidance documentation” and acting as intermediaries between school employees and parents.

However, some parents and advocates say systemic problems in how the state supports families of children with disabilities persist. At the same time, a June 15, 2022 state report found one of Virginia’s most critical teacher shortage areas is in special education.

“Appropriate policies and procedures for both oversight and compliance, and their implementation, are crucial to ensuring that children with disabilities and their families are afforded their rights under IDEA and that a free appropriate public education (FAPE) is provided,” said the Feb. 17 letter from the Office of Special Education Programs.

While the U.S. Department of Education wrote that it believes the Virginia Department of Education has resolved some of the problems identified in 2020, including resolving complaints filed by parents and creating a mediation plan, it said it has identified “new and continued areas of concern” and intends to continue monitoring Virginia’s provision of services for students with disabilities.

Among those are ongoing concerns over the state’s complaint and due process systems that “go beyond the originally identified concerns” originally found. The Office of Special Education Programs writes it has concluded Virginia “does not have procedures and practices that are reasonably designed to ensure a timely resolution process” for due process complaints.

The department also said it has concerns over the practices of at least five school districts that are inconsistent with IDEA’s regulations.

The decision comes after the U.S. Department of Education announced in November that Fairfax County Public Schools, Virginia’s largest school district, failed to provide thousands of students with disabilities with the educational services they were entitled to during remote learning at the height of the COVID-19 pandemic.

Virginia is also facing a federal class-action lawsuit over claims that its Department of Education and Fairfax County Public Schools violated the rights of disabled students under IDEA.

Parents involved in the case said the Virginia Department of Education and Fairfax school board “have actively cultivated an unfair and biased” hearing system to oversee challenges to local decisions about disabled students, according to the suit.

Charles Pyle, a spokesman for the Virginia Department of Education, said in an email that “VDOE continues to work with our federal partners to ensure Virginia’s compliance with all federal requirements, as we have since the ‘Differentiated Monitoring and Support Report’ was issued in June 2020.”

The federal government said if Virginia could not demonstrate full compliance with IDEA requirements, it could impose conditions on grant funds the state receives to support early intervention and special education services for children with disabilities and their families.

Last year, Virginia received almost $13.5 billion in various grants linked to IDEA, according to a July 1, 2022 letter to former Superintendent of Public Instruction Jillian Balow, who resigned on March 9.

James Fedderman, president of the Virginia Education Association, blasted Gov. Glenn Youngkin’s administration after the findings were released.

“While the Youngkin administration has been busy waging culture wars in schools, his administration has failed to meet basic compliance requirements with the U.S. Department of Education for students with disabilities,” Fedderman said. “This failure threatens our federal funding for students with disabilities and is a disservice to Virginia families who need critical special needs support.”

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Downtown

Richmond 911 callers can soon provide feedback on calls for service via text message

Beginning March 20, those who call 911 with some types of non-life-threatening emergencies will receive a text message within hours or a day after the call with a short survey about the service they received on the call.

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Some 911 callers in Richmond will begin to receive follow-up text messages next week asking for their ranking of the service they received and additional information.

Beginning March 20, those who call 911 with some types of non-life-threatening emergencies will receive a text message within hours or a day after the call with a short survey about the service they received on the call.

The Richmond Department of Emergency Communications, Preparedness and Response is using the feedback from callers as another way to ensure that it is continuing to deliver excellent emergency services to Richmond.

“It is very important that those who receive the text message answer the questions as accurately as possible, based on the service they received on the call, not on the response from first responders with different agencies,” said Director Stephen Willoughby. “We use the feedback that callers provide to monitor and improve our 911 services to Richmond residents and visitors, as well as the other measurements of service that we have in place.”

Those who would like to offer feedback, but do not receive a text message, are encouraged to email [email protected] or call 804-646-5911. More information about offering commendations or filing a complaint is on the department’s website athttps://www.rva.gov/911/comments. In addition, the department conducts a full survey of adults who live, work and study in Richmond every two years. More information about those surveys and results are at https://www.rva.gov/911/community-outreach.

The Department of Emergency Communications, Preparedness and Response is using a third-party vendor, PowerEngage, to send the text-message surveys and report the results. Text messages may be sent for other uses in the future.

More information about the text-message surveys, from the news release:

  • The answers that callers provide in the text message have no effect on the service provided to that caller.
  • Callers who do not want to participate in the text-message survey would simply not respond to the text message. They also may reply STOP to opt out of future text surveys from DECPR.
  • Callers should not use the surveys to report any other emergency or request help. They would need to call or text 911 for immediate help. To file a police report or request nonemergency public safety help, call 804-646-5100. For other city services, call 311, visit rva311.com or use the RVA311 app.
  • Those who have further questions or would like to request a call-back from a staff member about the survey or their experiences, may email [email protected].
  • More information about the after-call survey is at https://www.rva.gov/911/survey.

Will you help support independent, local journalism?

We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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Community

Teens Make Art Your Summer Job

Hurry up, the deadline is today.

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Students in 9th-11th grade can apply to join the next cohort of this summer’s Atlas Artist Residency—an 8-week art intensive giving teens the opportunity to develop artistic skills while working alongside professional artists in a creative and collaborative environment. 10 teens will be selected to participate and awarded personal art-studio space, a program stipend of $1350, materials, and the opportunity to expand their portfolio of work and bolster their resume for college applications.

Applications are open through March 16, 2023.
Head to https://www.art180.org/student-artist-residency for the details and to submit your application!

Will you help support independent, local journalism?

We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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