Virginia Senate Committee Approves Bill Allowing Courts to Reconsider Pre-2021 Marijuana Sentences
- Virginia's Senate Courts of Justice Committee approved House Bill 26, allowing courts to reconsider certain felony marijuana sentences, with the full House previously passing the bill 64 to 34.
- The bill mandates hearings for individuals convicted of specific felony marijuana offenses before July 1, 2021, who remain incarcerated or under supervision as of July 1, 2026, to determine if their sentences should be modified.
- Courts must consider the legalization of marijuana in Virginia and reduce or modify sentences unless the Commonwealth proves it contradicts public interest; judges must provide written explanations if sentence modifications are denied.
- The bill includes procedures for notifying eligible individuals, access to counsel for indigent petitioners, agency coordination, and requires eligible individual lists by September 1, 2026; the law would sunset on July 1, 2029.
Virginia legislation allowing courts to reconsider certain marijuana-related felony sentences was given approval today by the Senate Courts of Justice Committee by a vote of 9 to 6. The proposal has already passed the full House 64 to 34. House Bill 26 would add a new section, § 19.2-303.03, to the Code of Virginia, requiring courts to schedule hearings to consider modifying sentences for individuals convicted of specific felony marijuana offenses committed prior to July 1, 2021.
Under the proposal, individuals who remain incarcerated or on probation or community supervision as of July 1, 2026 for eligible offenses would receive a hearing to determine whether their sentence should be reduced, vacated, or otherwise modified. The bill applies to a range of felony marijuana offenses, including possession, manufacture, distribution and related violations under various sections of Virginia law.
At the hearing, courts would be required to consider that marijuana has since been legalized in Virginia and would reduce or otherwise modify a sentence unless the Commonwealth demonstrates that doing so would not be compatible with the public interest. Judges would be required to issue a written explanation if they deny modification.
The bill also outlines procedures for notifying eligible individuals, providing access to counsel for indigent petitioners, and forwarding modification orders to relevant state agencies. The Department of Corrections and other agencies would be required to identify eligible individuals and provide lists to courts by September 1, 2026.
If enacted, the provisions would sunset on July 1, 2029.
With House approval secured and the Senate committee vote now in place, the bill heads to the full Senate for consideration.