Legal Business

By Tom Ashton

Executive Summary:

What these changes may mean for your specific business or market.

New Laws of note as of July 1

Each year, July 1 marks the date when most new laws passed by the General Assembly take effect. This year is no exception. On July 1, 2021, there were several new laws in place that may be of interest to businesses operating in Virginia.

First, Virginia has legalized possession of a small amount – up to one ounce – of marijuana, although there remain tight restrictions on its production and consumption, and distribution or sale of marijuana is still illegal. It is no secret that the CBD market has expanded in Virginia over the past several years, which has opened up some new business opportunities for entrepreneurs. However, the General Assembly has signaled here that Virginia is cautiously testing the appetite for broader marijuana legalization, which would open up additional business opportunities in the future, also. More immediately, this new law may affect human resources practices at existing companies as pressure mounts on employers to accept limited marijuana possession and consumption as normal parts of an employee’s life.

Also of interest to health care providers and their human resources departments is the General Assembly’s expansion of Workmen’s Compensation benefit eligibility to health care workers and first responders who become disabled or die due to COVID-19. Employers in this market should note that an eligibility exception exists for employees who fail to or refuse to become vaccinated. Continuing with the theme of human resources-related changes, lawmakers this year added disabled persons as a protected class from discrimination under the Virginia Human Rights Act.

Restaurant operators and patrons will be glad to know that the General Assembly has made permanent its temporary COVID-19related allowance for alcoholic beverages to be sold “to-go” or to be delivered. Also, the law will now allow restaurant patrons to consume alcoholic beverages outside of a restaurant, as long as they are within a designated outdoor area.

Finally, lawmakers have demonstrated their commitment to keeping Virginia clean by passing two new laws. One increases the maximum permitted fines for littering and illegal trash dumping, and in some cases illegal dumpers may now even face jail time or be required to perform community service. The other pertains to the outdoor release of balloons, limiting the number that can be released and establishing a fine per balloon in excess of that limit, and may affect event coordinators and venues who employ balloons at various celebrations.

Tom Ashton is a Roanoke attorney. Reach him at tom@ashtonlawoffice.com Some of these new laws simply enshrine temporary changes made during the COVID-19 lockdowns, and others mark changes that are entirely unrelated to the pandemic. As always, though, these new laws create the potential for both new opportunity and negative consequences for the unaware. Be sure to consult an attorney to determine what these changes may mean for your specific business or market.