Virginia: Governor Signs Bills Into Law Providing for Marijuana Resentencing Relief

Democratic Gov. Abigail Spanberger has signed legislation into law (House Bill 26 and Senate Bill 62) providing sentencing relief to eligible persons incarcerated for prior marijuana-related convictions.

The new law create a process by which those convicted of certain marijuana felonies committed prior to July 1, 2021, and who still remain incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of their sentence. Similar efforts, including those championed by Republicans, were defeated in every year during Gov. Glenn Youngkin’s prior term.

Governor Spanberger signed the legislation despite lawmakers previously having rejected her proposed amendments to the bills. In a prepared statement, the Governor said: “As laws have changed in Virginia, it is important to ensure that those who have been previously convicted of offenses under since-changed laws receive fair treatment and sentencing review. My administration will work to ensure this process is implemented effectively across the Commonwealth. For decades, marijuana enforcement disproportionately impacted minority communities and communities of color, contributing to inequities in the criminal justice system that Virginia must no longer ignore.”

Though Virginia legalized adult-use marijuana in 2021, Sheba Williams, Virginia NORML Board Member and Nolef Turns Executive Director, said: “The problem was people who were convicted of cannabis offenses still sat in jails and prisons, were still on parole and probation, violations were still occurring, and people still were dealing with the 60K+ collateral consequences that come with arrests/convictions.”

“These two pieces of legislation have been a labor of love for our organization for years. We’re all grateful for the patrons, advocates and orgs who fought for years to make this happen. It’s well past time,” added Williams.

Delegate Rozia A. Henson, Jr., who sponsored the House version of the bill, said: “For too long, Virginians have remained behind bars for conduct the Commonwealth no longer treats as a crime. That changes now. After years of similar efforts being blocked under the previous administration, Virginia now has a process to revisit cannabis sentences that no longer reflect current law; families who have been waiting will finally have a path home.” He estimates that around 1,000 Virginians will be eligible for relief under the new law.

HB26 has FINALLY been signed into law! Virginians serving time for marijuana offenses no longer treated as crimes now have a path home. Years of hard work from former patrons and advocates, but we got the job done! pic.twitter.com/gt7N3Gfb62

State officials have previously sealed from public view hundreds of thousands of low-level marijuana-related convictions.

Separately, Gov. has yet to take action on legislation regulating retail marijuana sales. Last week, a coalition of national and state organizations, led by the National Organization for the Reform of Marijuana Laws, sent a letter to Spanberger urging her to allow adult-use sales legislation to become law.

Although the Governor had previously expressed support for enacting retail sales, she nonetheless called for numerous and comprehensive amendments to the bill — many of which either rolled back or repealed key elements of Virginia’s existing decriminalization and legalization laws. Lawmakers rejected the Governor’s amendments.

To date, over 2,300 Virginians have urged the Governor to sign the bill using NORML’s legislative action alert.

NORML’s legislative alert is available in the Take Action Center. Additional information is available from Virginia NORML.