Virginia Legislature Sends Bill to Governor to Revisit Pre-Legalization Felony Marijuana Sentences

The Virginia Legislature has sent Senate Bill 62 to the governor after the Senate voted today to accept changes made by the House. The measure would create a temporary process for revisiting certain felony marijuana convictions tied to conduct committed before July 1, 2021, the date when recreational cannabis was legalized. The Senate agreed to the House substitute by a vote of 21 to 19. Earlier this week, the House passed the substitute 65 to 34. The proposal was filed by State Senator Louise Lucas (D), with State Senator Angelia Williams Graves (D) also listed as a sponsor.

The measure is focused on sentence modification for certain marijuana-related convictions. Under the bill, courts would be required to hold hearings for people who were convicted of specified felony marijuana offenses committed prior to July 1, 2021, and who remain incarcerated or on community supervision as of July 1, 2026. That includes some people serving sentences not only for qualifying marijuana convictions, but also for combinations of such convictions, as well as some probation or community-supervision violations tied to them.

The bill also reaches some cases involving multiple convictions entered on the same day. In those situations, a person could still qualify if the additional offenses were not classified as acts of violence. That provision broadens the bill beyond cases involving only a marijuana conviction.

For people covered under one section of the bill, courts would need to schedule hearings by Jan. 1, 2027. For others covered under a separate section involving same-day convictions for marijuana and other nonviolent offenses, the deadline would be April 1, 2027.

At those hearings, judges would be instructed to take into account that marijuana has since been legalized in Virginia. The court would then be required to reduce, vacate or otherwise modify the sentence unless the Commonwealth shows that doing so would not be compatible with the public interest. If a judge declines to modify a sentence, the court would need to issue a written explanation.

The legislation also lays out how eligible individuals would be identified. The Department of Corrections, the sheriff of a local jail, the regional director of a regional jail, and the Department of Juvenile Justice would be responsible for determining who qualifies, notifying those individuals, and sending electronic lists to the appropriate court clerks so hearings can be scheduled.

Virginia legalized personal marijuana possession for adults in 2021, but the bill reflects an effort by lawmakers to address people still serving sentences tied to older marijuana convictions from before that policy change took effect. If signed into law, the measure would remain in effect until July 1, 2029.