Virginia Governor Signs Marijuana Resentencing Bill Despite Rejecting Proposed Amendments
Virginia Governor Abigail Spanberger has signed a bill providing resentencing relief to individuals with past marijuana convictions, despite previously rejecting proposed amendments that would have scaled back the legislation’s scope.
The bill, HB 26 and SB 62, was passed by the state legislature and allows for automatic hearings to consider modifying sentences for those incarcerated or on community supervision for felony offenses related to marijuana possession, manufacture, sale, or distribution. The legislation will apply to individuals whose convictions or adjudications occurred prior to July 1, 2021, when Virginia legalized personal possession and home cultivation of marijuana.
Governor Spanberger had initially proposed amendments that would have required individuals to proactively file petitions for resentencing relief, rather than having courts proceed automatically. However, lawmakers rejected these changes, and the original bill was sent back to the governor’s desk.
Despite the rejection, Governor Spanberger ultimately signed the bill into law, citing the need to provide relief to those still impacted by the state’s previous marijuana laws. The legislation is seen as a step towards addressing the disproportionate impact of marijuana criminalization on communities of color.
The bill’s sponsor, Delegate Rozia Henson, expressed concerns that some individuals with cannabis convictions may “fall through the cracks” due to lack of access to legal representation or awareness of the resentencing process. However, he acknowledged that the legislation was designed to provide relief to those who still face consequences for conduct that is now legal.
The governor’s office had also proposed removing deadlines for court hearings on resentencing relief, but this change was not included in the final bill.
The signing of this legislation is a significant step towards reforming Virginia’s marijuana laws and providing relief to those impacted by the state’s previous policies. The governor has also signed several other reform bills, including measures to protect the parental rights of marijuana consumers and allow patients to access medical cannabis in hospitals.
