Virginia Legislation To Provide Marijuana Resentencing Relief For Prior Convictions Heads To Governor’s Desk

Virginia lawmakers have sent the governor legislation to provide a pathway to resentencing for people with prior marijuana convictions.

The Senate on Friday voted 21-19 to approve the House of Delegates’s changes to SB 62, sponsored by Senate President Pro Tem Louise Lucas (D). A companion House measure, HB 26 from Rozia A. Henson, Jr. (D), has also advanced this session.

Overall, the legislation heading to the desk of Gov. Abigail Spanberger (D) would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.

The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.

Similar legislation was approved by lawmakers last session but it was vetoed by then-Gov. Glenn Youngkin (R).

—Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Meanwhile in Virginia, legislation is also advancing to legalize recreational marijuana sales. Both chambers have approved differing versions of the reform and a conference committee has been appointed to negotiate a single proposal that can be sent to the governor.