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.”
Delegate Rozia A. Henson, Jr., who sponsored the House version of the bill, said: “For too long, Virginians have remained behind bars for conduct thee 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.
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she nonetheless called for numerous and comprehensive amendments to the bill — many of which either rolled back or repealed key elements of Virginia’s existing decriminalization and legalization laws.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.
Governor Spanberger has until The governor has until 11:59 pm May 23 to take action on the bill. If she does nothing, the bills will become law after that deadline.
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 online from NORML’s Take Action Center. Additional information is available from Virginia NORML.
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