Virginia Lawmakers Approve Bill To Provide Marijuana Sentencing Relief To People With Prior Convictions

Virginia lawmakers have approved a bill to provide relief for people convicted of past cannabis crimes, mandating that individuals with certain offenses automatically receive resentencing hearings and have their punishments adjusted.

The legislation is similar to proposals passed by lawmakers in recent sessions that were vetoed by former Gov. Glenn Youngkin (R).

The current proposal, sponsored by Del. Rozia Henson, Jr. (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.

HB26 was approved by the House Courts of Justice Committee on Wednesday, and it next heads to the House Appropriations Committee before potentially reaching the floor.

The legislation “creates a process for automatic hearing to consider modifying sentences of persons convicted of certain felony offenses committed prior to July 1, 2021 that involved possession, manufacture, selling, giving, distribution, transportation or delivery of marijuana, if the person is still incarcerated or on community supervision on by July 1, 2026, ” House Courts of Justice Criminal Subcommittee Chair Vivian Watts (D) said prior to the full committee action.

Senate President Pro Tem Louise Lucas (D) is sponsoring a companion marijuana resentencing bill that has yet to receive a hearing in that chamber.

The legislation applies 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.

A substitute version of the bill adopted by a House subcommittee last week expands the scope to cover people with non-conviction adjudications and those sentenced through the juvenile justice system.

“The substitute clarifies that someone adjudicated delinquent as a minor can participate in the process, and the substitute also indicates that the modification of a sentence can be for probation, but that any such modification shall only be for the marijuana convictions and not for any other conviction that the individual received,” Watts said on Wednesday.

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The advancement of the sentencing relief bill in the House comes as lawmakers are also working on legislation to legalize and regulate recreational marijuana sales to build on the state’s current noncommercial legalization law. Youngkin also vetoed such proposals in the past, but current Gov. Abigail Spanberger (D) has pledged her support for cannabis reform.

Meanwhile, Virginia lawmakers have filed other marijuana-related legislation for the 2026 session, including a proposals to let terminally ill patients use medical marijuana in hospitals and other healthcare facilities.

Separately, the Virginia Department of Labor and Industry recently published a new outlining workplace protections for cannabis consumers.