Virginia Marijuana Resentencing Bill Expected to Be Signed Into Law Today
- Virginia Governor Abigail Spanberger is expected to sign Senate Bill 62 into law, allowing courts to revisit certain felony marijuana sentences for offenses committed before marijuana legalization in the state.
- The bill applies to individuals convicted of felony marijuana-related offenses before July 1, 2021, who are still incarcerated or under community supervision by July 1, 2026, and requires automatic hearings to reconsider their sentences.
- Judges at these hearings must take into account the legalization of marijuana in Virginia and reduce, vacate, or modify sentences unless it conflicts with the public interest, providing written explanations if sentences are not altered.
- The law mandates correctional officials to identify and notify eligible individuals and sets deadlines for courts to hold hearings by early 2027, with the statute remaining effective until July 1, 2029.
According to multiple advocates and lawmakers who worked on the proposal, Virginia Governor Abigail Spanberger is expected to sign Senate Bill 62 into law today, creating a process for courts to revisit certain felony marijuana sentences tied to conduct that occurred before the state legalized possession.
The legislation, filed by State Senator Louise Lucas (D), would apply to certain people convicted or adjudicated delinquent for felony marijuana-related offenses committed before July 1, 2021, who remain incarcerated or under community supervision as of July 1, 2026.
The proposal is meant to address cases in which people are still serving sentences connected to marijuana conduct that may no longer be treated the same way under current law. Virginia legalized the possession of marijuana by adults in 2021, but lawmakers have continued debating how far the state should go in addressing older convictions and sentences.
Spanberger previously recommended amendments to the bill that would have changed how eligible individuals access relief. Under the governor’s proposed changes, individuals would have been required to file a petition for reconsideration, rather than having hearings automatically scheduled. Lawmakers rejected those changes, leaving in place the bill’s automatic hearing process for qualifying cases.
Under SB 62, courts would be required to hold hearings for eligible individuals convicted of specified felony marijuana offenses, including certain cases involving possession, manufacturing, selling, giving, distribution, transportation or delivery of marijuana.
The bill also applies to some cases involving probation or community-supervision violations tied to qualifying marijuana convictions. In addition, certain people with multiple convictions entered on the same day could qualify, as long as the additional offenses were not classified as acts of violence.
For many eligible individuals, courts would need to schedule hearings by January 1, 2027. For cases involving same-day marijuana and other qualifying nonviolent convictions, hearings would need to be scheduled by April 1, 2027.
At those hearings, judges would be instructed to consider the fact 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 alter a sentence, the court would need to issue a written explanation.
The measure also requires state and local correctional officials to help identify eligible individuals, notify them and send electronic lists to the appropriate court clerks so hearings can be scheduled.
The bill previously cleared the House 65 to 34 before the Senate voted 21 to 19 to accept the House substitute, sending it to Spanberger. If signed as expected, the law would remain in effect until July 1, 2029.