Virginia
Court Finds Virginia's Punitive Damages Cap Applies Per-Plaintiff in Charlottesville Case
A federal appeals court has ruled that Virginia’s $350,000 punitive damages cap applies on a per-plaintiff basis in a case against white supremacists who organized the “Unite the Right” rally in Charlottesville in August 2017.
A Fourth Circuit Court of Appeals panel in a 3-0 vote reversed a federal district court that had limited the punitive damages that the eight plaintiffs would receive to $350,000 aggregate. The appeals court found that in a case where there are multiple plaintiffs, the $350,000 cap applies to each plaintiff, not to the group as a whole.
In the opinion written by Chief Judge Albert Diaz, the appeals court rested its decision largely on the statute’s not mentioning plaintiffs and the fact that the state did not permit multiple plaintiff actions until well after the cap statute was drafted and enacted.
As a civil jury trial in 2022 proved, the protester-defendants — who included white nationalists, white supremacists, and neo-Nazis— conspired to commit racially motivated violence to, in part, “defend Western civilization and white men against perceived enemies—specifically, Jewish persons, Black persons, and their white gentile traitor allies.” The protesters “sought violence, planned for violence, sparked violence, engaged in violence, and afterwards, glorified the violence” committed.
The jury found the defendants guilty of civil conspiracy; racial, religious, or ethnic harassment under Virginia’s hate-crime statute; assault and battery; and intentional infliction of emotional distress.
Jury Award
The jury’s damages award against the protester-defendants totaled over $26 million, split among compensatory damages which the district court assigned jointly and severally against the defendants, and a historic $24 million in punitive damages. The district court ultimately slashed the punitive damages to $350,000 by applying Virginia’s punitive damages cap across the eight plaintiffs who sought them.
Defendants Michael Hill, Michael Tubbs, League of the South, and Nathan Damigo challenged the district court’s decision to hold them jointly and severally liable for the $26 million in compensatory damages award, while the plaintiffs challenged the district court’s decision to apply Virginia’s punitive damages cap across all plaintiffs.
Because the jury found that all the defendants engaged in a conspiracy, the district court applied the collective compensatory damages. The Fourth Circuit found no error in this part of the district court’s decision.
The defendants also argued that Virginia’s punitive damages cap should apply to the jury’s punitive damages award, reducing them to $350,000, and that the damages were constitutionally excessive.
The plaintiffs’ argued that the punitive damages cap only applies in “run-of-the-mill” tort and insurance cases and not at all than in the hate-crime context. The plaintiffs’ fallback contention was that the cap applies on a per-plaintiff basis, with each plaintiff receiving $350,000.
The district court rejected the plaintiffs’ arguments that the punitive damages cap should not be applied at all and that the cap applies on a per-plaintiff basis.
The Fourth Circuit also rejected the plaintiffs’ argument that punitive damages statute does not apply to hate crimes. The court cited the plain language of the statute that says it applies to ‘all actions” and not just some actions. The court noted that Virginia passed its hate-crime statute only a year after passing its punitive damages cap. It therefore had an opportunity to exclude hate crimes from the cap’s purview but it didn’t.
However, citing history, statute language and public policy, the Fourth Circuit agreed with the plaintiffs that the cap applies per-plaintiff.
The statute says in part that the “total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000.”
First the appeals court noted that the punitive damages statute doesn’t include similar “all plaintiffs” language as it does “all defendants” and the court believes there are good reasons for that legislative drafting. If lawmakers meant to treat defendants and plaintiffs equally under the statute, even with the “all defendants” qualifier, that would render that term superfluous.
Another reason relates to the state’s historical understanding of joinder. and the fact that when the punitive damages cap was enacted in 1987 the common law largely didn’t permit separate plaintiffs to jointly adjudicate their claims. So an “action” was typically one plaintiff prosecuting one claim. There were no multiple plaintiff actions.
Virginia adhered to this common-law approach until 1995, when the General Assembly permitted a court to join separate actions, or six or more plaintiffs to join in a single action. But these joinder principles were enacted after the punitive damages cap passed in 1987.
“As a matter of text and history then, the General Assembly could not have contemplated including a multi-plaintiff limitation in the punitive damages cap because single-plaintiff actions were the norm,” the appeals court explained.
Furthermore, the court found that a per- plaintiff reading serves public policy interests by incentivizing plaintiffs to join their claims where appropriate. “Were we to hold otherwise, any plaintiffs seeking punitive damages against a defendant (or defendants) for a single occurrence would have 350,000 reasons not to join their claims. And had that been the law here, the district court likely would have faced eight trials in a loop of repeat operative facts and players,” Judge Diaz wrote.
Photo: James Kolenich, left, attorney for Jason Kessler, speaks with the media after a jury gave a partial verdict in Sines v Kessler case Tuesday, Nov. 23, 2021, at the Federal Courthouse in Charlottesville, Va. A jury ordered white nationalist leaders and organizations to pay more than $25 million in damages Tuesday, Nov. 23, 2021, over violence that erupted during the deadly 2017 Unite the Right rally in Charlottesville. The lawsuit accused some of the country’s most well-known white nationalists of plotting the violence, including Jason Kessler. (Andrew Shurtleff/The Daily Progress via AP)
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Virginia
Virginia
Virginia Cannabis: Will Retail Finally Start In 2027?
Gov. Abigail Spanberger speaks at a press conference announcing there is a deal to authorize cannabis sales and put the legislation in the upcoming budget, Tuesday, June 16, 2026, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via Getty Images)
Richmond Times-Dispatch via Getty Images
For the last five years, Virginia cannabis has existed in a strange policy gap.
Adults could legally possess it. They could grow it at home. They could gift it. They could consume it. But if they wanted to walk into a licensed adult-use dispensary and buy a tested, labeled product from a regulated business, Virginia still had no legal retail market.
That contradiction has defined the Commonwealth’s cannabis story since 2021, when Virginia became the first state in the South to legalize adult-use possession. The original promise was bigger than decriminalization. It was supposed to be the beginning of a regulated commercial market—one that would move consumers away from the illicit market, create room for small businesses and farmers, and finally give the state an enforceable framework for products already being sold and consumed.
Instead, Virginia legalized the front end of adult use without opening the front door of the industry.
Since then, the state has been caught in political limbo. Retail implementation stalled after the 2021 elections. Republican control of the House slowed the process. Former Gov. Glenn Youngkin later vetoed adult-use retail bills. Operators, investors and would-be applicants watched session after session with the same question: when would Virginia finally stop treating cannabis like something adults could legally have, but not legally buy?
The answer appeared close in 2026. With Gov. Abigail Spanberger in office and Democrats controlling the General Assembly, cannabis advocates expected the retail framework to finally move. Lawmakers sent the governor a bill that would have launched adult-use sales in 2027. Spanberger returned it with amendments, including a later sales date, a lower possession limit than lawmakers proposed, a higher future tax rate and tougher enforcement provisions. The legislature rejected those changes.
Then came the veto.
For many in the industry, Spanberger’s May veto landed as political whiplash. After years of delay, the state had once again stopped short of launching a legal adult-use marketplace. Worse, the veto came from a governor many advocates and operators expected to be more receptive than her predecessor.
For Brett Puffenbarger, CEO of Old Dominion Cannabis, the moment carried personal weight. Puffenbarger has spent nearly a decade in the cannabis industry and saw Virginia’s 2021 legalization as a chance to bring that experience back home.
“I have been in cannabis for almost a decade, and when Virginia first legalized adult use, it looked like an opportunity to build on that career in my home state,” Puffenbarger said via email. “I had been in Florida for years, but I was born and raised in Virginia. We moved back five years ago because we believed the Commonwealth would eventually open a regulated market. Now Old Dominion Cannabis is preparing to compete for cultivation and manufacturing licenses.”
That kind of long-range planning is common in cannabis. It is also risky. Markets can take years to open. Rules can change overnight. A state can legalize possession and still leave businesses waiting for a real path to licensure.
Virginia became a case study in that uncertainty.
The veto seemed to push the market another year down the road. But within weeks, the same framework came back in a different vehicle: the state budget. Spanberger, Sen. Lashrecse Aird and Del. Paul Krizek announced a compromise that would create a regulated adult-use retail market through budget language, with sales beginning July 1, 2027.
That turnabout changed the mood almost immediately.
“When the veto came down, we thought, ‘Here we go again—another year gone,’” said Jody Roun, COO of Old Dominion Cannabis, via email. “To see the conversation turn around this quickly through the budget process was surprising and exciting. For operators who have been planning around a moving target, it finally feels like there is a path.”
The compromise is not the same bill lawmakers originally passed. It reflects concessions to the governor, especially on timing, taxes, possession limits and enforcement. But it also preserves several priorities from legislators and advocates, including a larger retail cap, statewide access and a framework designed to give small businesses, farmers and microbusinesses a chance to participate.
Here are 10 key pieces of the framework Virginia is now poised to put into law:
1. Adult-use retail sales would begin July 1, 2027. The Virginia Cannabis Control Authority would begin accepting license applications on February 1, 2027, giving regulators time to write rules, establish testing standards and build the oversight structure before stores open.
2. Adults 21 and older would have a legal retail channel. Virginia already legalized adult possession and limited home cultivation, but this framework would finally allow consumers to purchase regulated cannabis from licensed retailers.
3. The adult possession limit would increase from one ounce to two ounces. That is less than the 2.5-ounce limit lawmakers originally sought, but higher than the current possession limit.
4. The state would allow up to 350 retail cannabis establishment licenses. Regulators would not be required to issue them all at once, but the cap is designed to create enough access to compete with the illicit market.
5. Localities would not be able to opt out of the market. That matters because local bans in other states have often left consumers with limited legal access and preserved demand for unregulated sellers.
6. Delivery services are expected to be allowed as part of the regulated market. Combined with the retail cap and no local opt-outs, delivery could become an important tool for statewide access, especially in rural areas.
7. The tax structure would start relatively low. Adult-use cannabis would carry a 6% state excise tax at launch, increasing to 8% beginning July 1, 2029. Local governments could add another 1% to 3.5%, in addition to existing retail sales taxes.
8. The Cannabis Control Authority would gain expanded oversight over intoxicating hemp products. The compromise is designed to close Virginia’s 25:1 hemp loophole and move intoxicating hemp regulation away from the Department of Agriculture and Consumer Services and under the cannabis regulator.
9. The framework includes stronger child-safety and advertising rules. It would require child-resistant packaging, ban cartoon advertising and prohibit products shaped like animals, fruits, vehicles or humans.
10. The state would add stronger compliance and enforcement tools. Retailers could face escalating penalties for failing to check IDs, including possible license revocation for repeated underage sales. Stores would also have to be at least 1,000 feet from schools, hospitals, playgrounds and drug treatment facilities, while the CCA could maintain a public licensee registry, create a tip line and audit ownership and financial relationships.
“The cannabis license application cycle goes through peaks and valleys,” said Justin Singer, a partner at Feuerstein Kulick LLP and chair of the firm’s Regulatory Compliance and Licensing practice via phone interview. “We have been in an extended valley for sought-after licenses for some time, and as a result we have seen a tremendous amount of interest in this upcoming application process.”
Put together, the framework signals that Virginia is trying to do more than open stores. It is trying to correct the imbalance created in 2021: legal adults, legal possession, legal home cultivation—but no legal commercial channel for most consumers.
The challenge now is execution.
Cannabis regulators across the country have learned that legal markets do not automatically beat illicit ones. Taxes that are too high, licensing that is too slow, limited access, lack of capital and burdensome rules can all keep consumers in the unregulated market. Virginia’s relatively modest starting excise tax may help. So could the 350-store cap, if the state issues licenses in a way that creates real geographic coverage.
But questions remain. How quickly will cultivation and manufacturing licenses be processed? How much room will there be for independent operators? Will microbusinesses and impact applicants have meaningful access to banking and capital? Will existing medical operators have a first-mover advantage? And can the state build a market that is regulated enough to protect consumers without being so expensive and slow that it recreates the same illicit-market incentives legalization was supposed to solve?
For companies like Old Dominion Cannabis, the answer will determine whether Virginia becomes a real opportunity or simply another tightly controlled market dominated by the best-capitalized players.
Still, after five years of waiting, the significance of this moment is hard to ignore. Virginia is no longer debating whether adults should be allowed to possess cannabis. That question was answered in 2021. The question now is whether the Commonwealth can build a functioning legal industry around that decision.
The budget compromise does not end the work. It starts it.
For operators, the next several months will be about applications, compliance, capital and partnerships. For regulators, it will be about writing rules that can survive contact with the market. For consumers, it could mean finally having a legal way to purchase tested cannabis products in the first Southern state to legalize adult use.
Virginia took the symbolic step five years ago. Now it may finally be taking the commercial one.
Virginia
Virginia man uses art to heal after years in prison, mental health battle
RICHMOND, Va. — Jerrod Buford first picked up a paintbrush as a kid, never imagining that same creative outlet would carry him through his darkest days in prison.
Buford, who grew up in Williamsburg, was convicted and arrested as a young man and spent almost a decade behind bars. During that time, he struggled deeply.
“Turning to drugs and alcohol to kind of shadow over emotions,” Buford said. “Looking for acceptance, approval. Not just from my parents, but from friends, from, you name it. I mean, I tried to commit suicide, I don’t even know how many times,” Buford said.
WTVR
It was inside prison walls that art became more than a hobby.
“Throughout my prison time, I learned, the freedom that I desired, I’ve always had it. I got, I found it, in a box,” Buford said.
More than three years after his release, Buford continues to advocate for art as a tool for healing. He describes his work as a gift he feels called to share.
“I received a blessing from God that just allowed me to display what he’s given me,” Buford said.
For Buford, creating art is also a way of processing his past.
“That’s what art has done for me. It’s given me the ability to look at parts of my life, all parts of my life, and find the good and the negative, learn from the negative,” Buford said.
He shares his story and artwork with a wide audience through social media, including live sessions on TikTok, and holds art classes with new communities.
The Story Cafe
Buford said his mission is to help others find their own path toward healing — whatever form that takes.
“What I strive to do is guide this person to just create, man. Don’t care what people think about your creation, you just need to get it out,” Buford said. “Whether it’s with art, addressing your mental health, getting your life right — just do it.”
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Virginia
VA Spirits Board & VA Distillery Co. Commemorate America’s 250th with Exclusive Trio Pack
Lovingston, VA (7News) — Good Morning Washington interviews Amanda Beckwith of Virginia Distillery Company- one of the contributing distilleries to the Virginia Spirits Board’s 250th Celebration Trio Pack, a special, exclusive release created to commemorate America’s upcoming 250th anniversary. This limited-edition package features a curated collection of a rum, a gin, and a whiskey, all crafted from scratch by distillers in Virginia to celebrate the rich history and current state of distilling within the Commonwealth.
Beckwith elaborates on VA Distillery Company’s role in the project, noting her focus on Virginia-grown grain to make the bottle of unique whiskey that is included in the Trio Pack. It is also worth noting that the Trio Packs themselves were bottled and produced right here at Virginia Distilling Company!
American single malts are the newest official category of American whiskey, distilled from one grain and from a single distillery. Virginia Distillery Co specializes in this new category of whiskey and crafted their contribution to the Trio Pack with this very specialty. Given the limited remaining availability of the Trio Pack, its historical value and collectible nature, the message it loud and clear encouraging viewers to grab a pack before they are all gone!
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21+ Please drink responsibly, this content is sponsored by Virginia Distillery Company.
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