2018 Virginia Marijuana-related Legislation

Forty marijuana-related bills were filed for the 2018 Virginia General Assembly legislative session. Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at [email protected] or 804-464-7050 M-F 9-6.

Final Outcomes for Bills

2	CONTINUED	these bills will be taken up in the same Committee in the following year, but are done for this session
18	DEFEATED	these bills were defeated by vote and will not pass this session
6	INCORPORATED	these bills were incorporated into other similar and preferential bills
5	LEFT IN COMMITTEE	these bills were not heard by the Committee
4	SUCCEEDED	these bill have passed both chambers by vote and have been sent to the governor
4	STRICKEN	these House bills were stricken from the docket and not heard (similar to withdrawn in the Senate)
1	WITHDRAWN	the Senate bill's patron withdrew the bill

Bills in RED were not passed
Bills in YELLOW have been continued to the following session
Bills in GREEN have passed both the House and Senate and are headed to the Governor

Motions on bills

Lay the bill on the table suspend debate of the bill. It can be recalled from the table later, but this rarely happens
Pass the bill by indefinitely end debate of the bill. The bill has been killed and is dead for the session.
Report the bill send the bill to the House or Senate for a floor vote
Refer or Rerefer send the bill to a Committee or Subcommittee

Asset Forfeiture (2)

DEFEATED: HB 900 Forfeiture of property used in connection with commission of crimes; finding of guilt required.

Chief patron: Del Nick Freitas R-30
Chief co-patron: Del Mark Cole R-88

Forfeiture of property used in connection with the commission of crimes; finding of guilt required; disposition of forfeited property used in connection with the commission of drug crimes. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the owner of the property is a fugitive from justice, (ii) there is no identifiable owner of the property, (iii) the property has been abandoned, (iv) the owner denied ownership of the property during the prosecution of the offense, (v) the owner agrees to the forfeiture, (vi) the forfeiture is ordered by the court pursuant to a plea agreement, or (vii) the owner has not submitted a written demand for the return of the property within 21 days from the date the stay terminates. The bill also provides that all forfeited cash and negotiable instruments and proceeds from the sale of forfeited property used in connection with crimes involving the manufacture, sale, or distribution of controlled substances or marijuana be deposited into the Drug Offender Assessment and Treatment Fund, which is appropriated by the General Assembly for various drug assessment and drug treatment activities conducted by the Department of Corrections, the Department of Juvenile Justice, the Department of Criminal Justice Services, the Commission on the Virginia Alcohol Safety Action Program, and the Office of the Executive Secretary of the Supreme Court of Virginia. Under current law, such forfeited property is deposited into a Department of Criminal Justice Services fund and used to promote state and local law-enforcement activities. The bill also provides that all forfeited cash, negotiable instruments, and proceeds from the sale of forfeited property seized by a federal agency and received by any state or local agency pursuant to federal law be deposited into the Drug Offender Assessment and Treatment Fund. The bill also requires the Comptroller to report annually to the Governor and the General Assembly on the amount of property forfeited to the Commonwealth and to establish and maintain a publicly available, searchable electronic database containing information regarding all property seized and forfeited.

01/09/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends reporting with substitute (5-Y 2-N)
02/05/18 House: Reported from Courts of Justice with substitute (12-Y 6-N)
02/05/18 House: Committee substitute printed 18105993D-H1
02/07/18 House: Read first time
02/08/18 House: Read second time
02/08/18 House: Committee substitute agreed to 18105993D-H1
02/08/18 House: Engrossed by House - committee substitute HB900H1
02/09/18 House: Read third time and passed House (81-Y 18-N)
02/09/18 House: VOTE: PASSAGE (81-Y 18-N)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee for Courts of Justice
02/14/18 Senate: Reported from Courts of Justice (12-Y 2-N)
02/14/18 Senate: Rereferred to Finance
02/21/18 Senate: Failed to report (defeated) in Finance (8-Y 8-N)

YEAS to motion to report to Senate for vote: Newman, Wagner, McDougle, Vogel, Obenshain, Barker, Dunnavant, Stuart—8.
NAYS to motion to report to Senate for vote: Norment, Hanger, Howell, Saslaw, Lucas, Ruff, Carrico, Dance—8.

Virginia NORML supported the passage of HB 900. HB 900 was defeated in Senate Finance in a tie vote, 8-8.

CONTINUED: SJ 39 Constitutional amendment; Literary Fund, proceeds from forfeited property.

Chief patron: Sen Bryce Reeves R-17

Constitutional amendment (first resolution); Literary Fund; proceeds from forfeited property for drug offenses distributed for the purpose of promoting law enforcement. Specifies that, regarding the current provision that proceeds from the sale of forfeited property for drug offenses be paid into the state treasury and distributed for the purpose of promoting law enforcement, the purpose of promoting law enforcement shall be as defined by general law.

01/09/18 Senate: Referred to Committee on Privileges and Elections
01/16/18 Senate: Continued to 2019 in Privileges and Elections (14-Y 0-N)

Virginia NORML took no position on SJ 39. SJ 39 was continued to 2019 in Privileges and Elections Committee.

Decriminalization (2)

DEFEATED: HB 1063 Marijuana; decriminalization of simple marijuana possession.

Chief patron: Del Steve Heretick D-79
House patrons: Del Mark Cole R-88, Delegate Kelly K. Convirs-Fowler D-21, Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Paul Krizek D-44, Del Mark Levine D-45, Del Joseph Lindsey D-90, Del Marcus Simon D-53, Del Jeion Ward D-92

Marijuana; decriminalization of simple marijuana possession. Decriminalizes marijuana possession and provides a civil penalty of no more than $250 for a first violation and $1,000 for a second or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.

01/10/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1063. HB 1063 was defeated in House Subcommittee #1 (Criminal Law) in a 7-1 vote.

DEFEATED: SB 111 Marijuana; decriminalization of simple marijuana possession.

Chief patron: Sen Adam Ebbin D-30
House patron: Del Kaye Kory D-38, Del Mark Levine D-45

Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.

12/15/17 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

YEAS to motion to report to Senate for vote: Saslaw, Howell, Lucas, Edwards, Deeds, Petersen—6.
NAYS to motion to report to Senate for vote: Obenshain, Norment, McDougle, Stuart, Stanley, Reeves, Chafin, Sturtevant, Peake—9.

Virginia NORML supported the passage of SB 111. SB 111 was defeated in Senate Courts of Justice on a party line vote, 9-6.

Driver's License (3)

DEFEATED: SB 33 Marijuana offenses; driver’s license forfeiture.

Chief patron: Sen William Stanley R-20
Senate patron: Sen Chap Petersen D-34
House patron: Del Kaye Kory D-38

Marijuana offenses; driver's license forfeiture. Eliminates the requirement that the Virginia Department of Transportation receive written assurance from the Federal Highway Administration of the U.S. Department of Transportation that Virginia will not lose any federal funds as a prerequisite to implementing revisions enacted in 2017 that except persons who have been placed on deferred disposition for simple possession of marijuana, subject to certain exceptions, from the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense. The bill contains an emergency clause.

11/20/17 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

Virginia NORML supported the passage of SB 33. SB 33 was stricken at Sen Stanley's request.

INCORPORATED: SB 148 Driver’s licenses; suspensions for certain non-driving related offenses.

Chief patron: Sen John Edwards D-21

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that a person's driver's license is suspended (i) when he is convicted of or placed on deferred disposition for a drug offense or (ii) for nonpayment of fines and court costs for offenses not pertaining to the operator or operation of a motor vehicle. The provisions of this bill that affect the Code of Virginia have a delayed effective date of September 1, 2018.

12/28/17 Senate: Referred to Committee for Courts of Justice
01/24/18 Senate: Incorporated by Courts of Justice into SB181-Stanley (15-Y 0-N)

Virginia NORML supported the passage of SB 148. SB 148 was incorporated into SB 181. SB 181 was left in House Appropriations.

LEFT IN COMMITTEE: SB 181 Driver’s license; suspension for nonpayment of fines or costs.

Chief patron: Sen William Stanley R-20
Senate patron: Sen Mamie Locke D-2, Sen Jennifer McClellan D-9, Sen Scott Surovell D-36

Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill provides that the Commissioner of the Department of Motor Vehicles shall return or reinstate any person's driver's license that was suspended solely for nonpayment of fines or costs.

12/28/17 Senate: Prefiled and ordered printed; offered 01/10/18 18101254D
12/28/17 Senate: Referred to Committee on Transportation
01/17/18 Senate: Rereferred from Transportation (13-Y 0-N)
01/17/18 Senate: Rereferred to Courts of Justice
01/24/18 Senate: Reported from Courts of Justice with substitute (12-Y 2-N 1-A)
01/24/18 Senate: Committee substitute printed 18105986D-S1
01/24/18 Senate: Rereferred to Finance
01/24/18 Senate: Incorporates SB148 (Edwards)
02/06/18 Senate: Reported from Finance with amendments (13-Y 2-N)
02/07/18 Senate: Constitutional reading dispensed (39-Y 0-N)
02/08/18 Senate: Read second time
02/08/18 Senate: Reading of substitute waived
02/08/18 Senate: Committee substitute agreed to 18105986D-S1
02/08/18 Senate: Reading of amendments waived
02/08/18 Senate: Committee amendments agreed to
02/08/18 Senate: Reading of amendment waived
02/08/18 Senate: Amendment by Senator Stanley agreed to
02/08/18 Senate: Engrossed by Senate - committee substitute with amendments SB181ES1
02/08/18 Senate: Printed as engrossed 18105986D-ES1
02/09/18 Senate: Read third time and passed Senate (33-Y 6-N)
02/14/18 House: Placed on Calendar
02/14/18 House: Read first time
02/14/18 House: Referred to Committee on Appropriations
03/01/18 House: Assigned App. sub: Transportation
03/02/18 House: Subcommittee recommends continuing to 2019 by voice vote
03/06/18 House: Left in Appropriations

Virginia NORML supported the passage of SB 181. SB 181 was left in House Appropriations.

Expungement (6)

DEFEATED: HB 1065 Expungement of police and court records; possession of marijuana.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

Expungement of police and court records; possession of marijuana. Allows a person convicted of possession of marijuana, or charged with such offense which charge was deferred and dismissed, who has successfully completed all terms of probation to file a petition for expungement after at least five years have passed since the date of conviction. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment.

01/10/18 House: Referred to Committee for Courts of Justice
01/18/18 House: Assigned Courts sub: Subcommittee #1
01/22/18 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1065. HB 1065 was defeated in House Subcommittee #1 (Criminal Law) in a 7-1 vote.

DEFEATED: HB 1066 Expungement of police and court records.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge or dismisses such charge for any reason may, upon motion of the person charged and with the agreement of the attorney for the Commonwealth, enter an order requiring the expungement of the police and court records relating to the charge.

01/10/18 House: Referred to Committee for Courts of Justice
01/18/18 House: Assigned Courts sub: Subcommittee #1
01/22/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins—5.
NAYS to motion to pass by indefinitely: Watts, Herring, Mullin—3.

Virginia NORML supported the passage of HB 1066. HB 1066 was defeated in House Subcommittee #1 (Criminal Law) on a party line vote, 5-3.

DEFEATED: HB 1214 Marijuana possession, etc.; expungement of certain charges and convictions.

Chief patron: Del Timothy Hugo R-40

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation.

01/10/18 House: Referred to Committee for Courts of Justice
01/18/18 House: Assigned Courts sub: Subcommittee #1
01/31/18 House: Subcommittee recommends passing by indefinitely (6-Y 1-N)

YEAS to motion to pass by indefinitely: Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—6.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1214. HB 1214 was defeated in House Subcommittee #1 (Criminal Law) in a 6-1 vote.

DEFEATED: SB 403 Expungement of certain charges and convictions.

Chief patron: Sen Ryan McDougle R-4
Incorporated chief co-patron: Sen Jeremy McPike D-29

01/09/18 Senate: Referred to Committee for Courts of Justice
01/17/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/17/18 Senate: Rereferred to Finance
01/17/18 Senate: Incorporates SB645 (McPike)
01/17/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/17/18 Senate: Rereferred to Finance
02/07/18 Senate: Reported from Finance with substitute (16-Y 0-N)
02/07/18 Senate: Committee substitute printed 18106893D-S2
02/08/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18 Senate: Passed Senate (40-Y 0-N)
02/15/18 House: Placed on Calendar
02/15/18 House: Read first time
02/15/18 House: Referred to Committee for Courts of Justice
02/20/18 House: Assigned Courts sub: Subcommittee #1
02/21/18 House: Subcommittee recommends passing by indefinitely (7-Y 0-N)

Virginia NORML supported the passage of SB 403. SB 403 was defeated in House Subcommittee #1 (Criminal Law) in a 7-0 vote.

INCORPORATED: SB 645 Marijuana possession, etc.

Chief patron: Sen Jeremy McPike D-29

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday and five years have elapsed since the date of completion of all terms of sentencing and probation.

01/10/18 Senate: Referred to Committee for Courts of Justice
01/17/18 Senate: Incorporated by Courts of Justice into SB403-McDougle (15-Y 0-N)

Virginia NORML supported the passage of SB 645. SB 645 has been incorporated into SB 403. SB 403 was defeated in House Courts of Justice Subcommittee #1 (Criminal Law) in a 7-0 vote.

DEFEATED: SB 954 Possession of marijuana; first offense; expungement; penalty.

Chief patron: Sen Thomas Norment R-3

Possession of marijuana; first offense; expungement; penalty. Reduces the penalties for possession of marijuana to a fine of not more than $500. Current law provides that the possession of marijuana may be punished by confinement in jail for not more than 30 days and subject to a fine of not more than $500. The bill also provides that a first offense for possession of marijuana is eligible for expungement. The bill provides that any person seeking expungement of a first-offense marijuana charge shall be assessed a $300 fee, which shall be paid into the Heroin and Prescription Opioid Epidemic Fund. The bill has a delayed effective date of January 1, 2019, except for the provisions related to the reduction of penalties for possession of marijuana, which shall become effective July 1, 2018. The bill contains technical amendments.

01/19/18 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/29/18 Senate: Committee substitute printed 18106134D-S1
01/29/18 Senate: Rereferred to Finance
02/07/18 Senate: Reported from Finance with substitute (16-Y 0-N)
02/07/18 Senate: Committee substitute printed 18106890D-S2
02/08/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18 Senate: Passed Senate (38-Y 2-N)
02/15/18 House: Placed on Calendar
02/15/18 House: Read first time
02/15/18 House: Referred to Committee on Appropriations
02/22/18 House: Assigned App. sub: Public Safety
03/02/18 House: Referred from Appropriations by voice vote
03/02/18 House: Referred to Committee for Courts of Justice
03/02/18 House: Assigned Courts sub: Subcommittee #1
03/05/18 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Herring—7.
NAYS to motion to pass by indefinitely: Mullin—1.

Virginia NORML opposed the passage of SB 954. SB 954 defeated in House Courts of Justice Subcommittee #1 (Criminal Law) on a 7-1 vote..

Virginia NORML’s statement: Virginia NORML does not support the passage of SB 954 as drafted. SB 954 simply codifies the existing first time offender’s program, and creates three additional bureaucratic requirements — a marijuana offender registry, an opioid fund and fee, and an expungement method and fee — while eliminating jail time only for first offenses. The increased financial obligations are out of reach for the majority of defendants, and passage of such legislation would stall the advance of decriminalization and expungement for the foreseeable future.

Firearms (1)

DEFEATED: SB 2 Firearms; carrying loaded in public place, etc.

Chief patron: Sen Adam Ebbin D-30
House patron: Del Kaye Kory D-38

Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun.

11/20/17 Senate: Referred to Committee for Courts of Justice
01/15/18 Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

Virginia NORML took no position on SB 2. SB 2 was defeated in Senate Courts of Justice Committee on a party line vote, 6-9.

Medical (12)

STRICKEN: HB 137 Marijuana possession or distribution for medical purposes.

Chief patron: Del Mark Levine D-45
House patrons: Del Betsy Carr D-69, Del Lee Carter D-50, Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Paul Krizek D-44, Del Kathleen Murphy D-34, Del Kenneth Plum D-36, Del Sam Rasoul D-11, Del Marcus Simon D-53

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of cancer. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.

12/19/17 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 137. Delegate Levine signed on as a co-patron of HB 1251 and HB 137 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

STRICKEN: HB 458 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Eileen Filler-Corn D-41

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill increases the supply of CBD oil or THC-A oil a pharmaceutical processor may dispense from a 30-day supply to a 90-day supply. The bill reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively. The bill provides that any agent or employee of a pharmaceutical processor is authorized to deliver CBD oil or THC-A oil. Finally, the bill provides that no agent or employee of a pharmaceutical processor can be prosecuted for the possession or manufacture of marijuana or the possession, manufacture, or distribution of CBD oil or THC-A oil if such agent or employee is acting in accordance with certain statutes and regulations. Under current law, such agents and employees may be prosecuted but it is considered an affirmative defense if such agents or employees act in accordance with such statutes and regulations.

01/07/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 458. Delegate Filler-Corn signed on as a chief co-patron of HB 1251 and HB 458 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

LEFT IN COMMITTEE: HB 974 Medical marijuana; written certification.

Chief patron: Del Elizabeth Guzman D-31

Medical marijuana; written certification. Allows a person to possess marijuana or tetrahydrocannabinol pursuant to a valid written certification issued by a physician for the treatment of any medical condition deemed terminal or debilitating by a licensed health care professional, pain management, cancer, glaucoma, intractable epilepsy, human immunodeficiency virus, osteoporosis, or arthritis. The bill allows a physician or pharmacist to distribute such substances without being subject to prosecution. Under current law, a person has an affirmative defense to prosecution for possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil and the person has been issued a written certification by a physician that such marijuana is for the purposes of treating or alleviating the person's symptoms of intractable epilepsy. The bill expands the authority for a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide marijuana in any form to be used for the treatment of any medical condition deemed terminal or debilitating by a licensed health care professional, pain management, cancer, glaucoma, intractable epilepsy, human immunodeficiency virus, osteoporosis, or arthritis, not just marijuana in the form of cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Finally, the bill clarifies that the penalties for forging or altering a written certification for medical marijuana or for making or uttering a false or forged written certification are the same as the penalties for committing the same acts with regard to prescriptions.

01/09/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
02/15/18 House: Left in Courts of Justice

Virginia NORML supported the passage of HB 974. HB 974 was left in House Courts of Justice.

STRICKEN: HB 1014 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del David Toscano D-79
House patron: Del Mark Levine D-45

01/09/18 House: Referred to Committee on Health, Welfare and Institutions
01/23/18 House: Referred from Health, Welfare and Institutions by voice vote
01/23/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 1014. Delegate Toscano signed on as a co-patron of HB 1251 and HB 1014 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

LEFT IN COMMITTEE: HB 1064 Medical marijuana; written certification.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

Medical marijuana; written certification. Allows a person to possess marijuana or tetrahydrocannabinol pursuant to a valid written certification issued by a physician for the treatment of any medical condition and allows a physician or pharmacist to distribute such substances without being subject to prosecution. Under current law, a person has an affirmative defense to prosecution for possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil and the person has been issued a written certification by a physician that such marijuana is for the purposes of treating or alleviating the person's symptoms of intractable epilepsy. The bill expands the authority for a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide marijuana in any form to be used for the treatment of any medical condition, not just marijuana in the form of cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Finally, the bill clarifies that the penalties for forging or altering a written certification for medical marijuana or for making or uttering a false or forged written certification are the same as the penalties for committing the same acts with regard to prescriptions.

01/10/18 House: Referred to Committee for Courts of Justice
02/15/18 House: Left in Courts of Justice

Virginia NORML supported the passage of HB 1064. Delegate Heretick signed on to HB 1251 as a co-patron. HB 1064 was left in House Courts of Justice. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

SUCCEEDED: HB 1251 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Benjamin Cline R-24
Chief co-patrons: Del Glenn Davis R-84, Del Eileen Filler-Corn D-41, Del Kaye Kory D-38
House patrons: Del Steve Heretick D-79, Del Charniele Herring D-46, Del Timothy Hugo R-40, Del Mark Levine D-45, Del Daniel Marshall R-14, Del Christopher Peace R-97, Del Margaret Ransone R-99, Del David Toscano D-57
Senate patron: Sen Lynwood Lewis D-6

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.

01/10/18 House: Referred to Committee on Health, Welfare and Institutions
01/18/18 House: Referred from Health, Welfare and Institutions by voice vote
01/18/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends reporting with amendments (8-Y 0-N)
01/29/18 House: Reported from Courts of Justice with amendments (18-Y 0-N)
01/31/18 House: Read first time
02/01/18 House: Read second time
02/01/18 House: Committee amendments agreed to
02/01/18 House: Engrossed by House as amended HB1251E
02/01/18 House: Printed as engrossed 18102110D-E
02/02/18 House: Read third time and passed House (98-Y 0-N)
02/02/18 House: VOTE: PASSAGE (98-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee on Education and Health
02/15/18 Senate: Reported from Education and Health with amendment (15-Y 0-N)
02/16/18 Senate: Constitutional reading dispensed (38-Y 0-N)
02/19/18 Senate: Read third time
02/19/18 Senate: Reading of amendment waived
02/19/18 Senate: Committee amendment agreed to
02/19/18 Senate: Emergency clause added
02/19/18 Senate: Engrossed by Senate as amended
02/19/18 Senate: Passed Senate with amendment (40-Y 0-N)
02/21/18 House: Placed on Calendar
02/21/18 House: Senate amendment agreed to by House (99-Y 0-N)
02/21/18 House: VOTE: ADOPTION EMERGENCY (99-Y 0-N)
02/26/18 House: Enrolled
02/26/18 House: Bill text as passed House and Senate (HB1251ER)
02/26/18 House: Signed by Speaker
02/28/18 Senate: Signed by President
03/02/18 House: Enrolled Bill communicated to Governor on March 2, 2018
03/02/18 Governor: Governor's Action Deadline Midnight, March 9, 2018

Virginia NORML supported the passage of HB 1251. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

STRICKEN: HB 1422 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Daniel Marshall R-14

01/15/18 House: Referred to Committee on Health, Welfare and Institutions
01/23/18 House: Referred from Health, Welfare and Institutions by voice vote
01/23/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 1422. Delegate Marshall signed on as a co-patron of HB 1251 and HB 1422 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

SUCCEEDED: SB 330 THC-A oil; dispensing, tetrahydrocannabinol levels.

Chief patron: Sen Siobhan Dunnavant R-12

CBD and THC-A oil. Adds cannabidiol oil (CBD oil) or THC-A oil to the list of covered substances the dispensing of which must be reported to the Prescription Monitoring Program. The bill requires a practitioner who issues a written certification for CBD oil or THC-A oil to request information from the Director of the Department of Health Professions for the purpose of determining what other covered substances have been dispensed to the patient.

The bill requires the Board of Pharmacy to promulgate regulations that include requirements for (i) a process for registering a CBD oil and THC-A oil product; and (ii) a requirement for an applicant for a pharmaceutical processor permit to have a criminal background check through the Central Criminal Records Exchange to the Federal Bureau of Investigation. The bill requires a pharmacist or pharmacy technician, prior to the initial dispensing of each written certification to (a) make and maintain for two years a paper or electronic copy of the written certification that provides an exact image of the document that is clearly legible, (b) view a current photo identification of the patient, parent, or legal guardian, and (c) verify current board registration of the practitioner and the corresponding patient, parent, or legal guardian. The bill requires that prior to any subsequent dispensing of each written certification, the pharmacist, pharmacy technician, or delivery agent to view the current written certification, a current photo identification of the patient, parent, or legal guardian, and the current board registration issued to the patient, parent, or legal guardian.

Finally, the bill requires a pharmaceutical processor to (i) ensure the percentage of tetrahydrocannabinol in any THC-A oil on site is within 10 percent of the level of tetrahydrocannabinol measured for labeling and to establish a stability testing schedule of THC-A oil.

01/08/18 Senate: Referred to Committee on Education and Health
01/11/18 Senate: Reported from Education and Health with amendment (15-Y 0-N)
01/12/18 Senate: Constitutional reading dispensed (39-Y 0-N)
01/15/18 Senate: Read second time
01/15/18 Senate: Passed by for the day
01/16/18 Senate: Read second time
01/16/18 Senate: Reading of amendment waived
01/16/18 Senate: Committee amendment rejected
01/16/18 Senate: Reading of substitute waived
01/16/18 Senate: Floor substitute printed 18105163D-S1 (Dunnavant)
01/16/18 Senate: Substitute by Senator Dunnavant agreed to 18105163D-S1
01/16/18 Senate: Engrossed by Senate - floor substitute SB330S1
01/17/18 Senate: Read third time and passed Senate (40-Y 0-N)
01/23/18 House: Placed on Calendar
01/23/18 House: Read first time
01/23/18 House: Referred to Committee on Health, Welfare and Institutions
02/16/18 House: Assigned HWI sub: Subcommittee #2
02/20/18 House: Subcommittee recommends reporting with substitute (10-Y 0-N)
02/27/18 House: Reported from Health, Welfare and Institutions with substitute (21-Y 0-N)
02/27/18 House: Committee substitute printed 18107733D-H1
03/01/18 House: Read second time
03/02/18 House: Read third time
03/02/18 House: Committee substitute agreed to 18107733D-H1
03/02/18 House: Engrossed by House - committee substitute SB330H1
03/02/18 House: Passed House with substitute BLOCK VOTE (96-Y 0-N)
03/02/18 House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
03/05/18 Senate: House substitute agreed to by Senate (38-Y 0-N)
03/05/18 Senate: Emergency clause added
03/05/18 Senate: Title replaced 18107733D-H1
03/07/18 Senate: Enrolled
03/07/18 Senate: Bill text as passed Senate and House (SB330ER)

Virginia NORML supported the passage of SB 330. SB 330 has succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature.

INCORPORATED: SB 597 Possession or distribution of marijuana for medical purposes; affirmative defense for treatment.

Chief patron: Sen Jill Vogel R-27

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's disease, nail patella, cachexia or wasting syndrome, multiple sclerosis, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.

01/09/18 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Incorporated by Courts of Justice into SB 726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 597. SB 597 was incorporated in to SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

SUCCEEDED: SB 726 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen Siobhan Dunnavant R-12
Incorporated co-patrons: Sen Dave Marsden D-37, Sen Jill Vogel R-27
Senate patrons: Sen Adam Ebbin D-30, Sen Monty Mason D-1, Sen Jennifer Wexton D-33
House patron: Del Mark Levine D-45

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.

01/10/18 Senate: Referred to Committee on Education and Health
01/22/18 Senate: Assigned Education sub: Health Professions
01/25/18 Senate: Reported from Education and Health with substitute (13-Y 2-N)
01/25/18 Senate: Rereferred to Courts of Justice
01/29/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/29/18 Senate: Committee substitute printed 18106272D-S2
01/29/18 Senate: Incorporates SB795 (Dunnavant)
01/29/18 Senate: Incorporates SB597 (Vogel)
01/29/18 Senate: Incorporates SB788 (Marsden)
01/29/18 Senate: Rereferred to Finance
02/01/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/18 Senate: Read second time
02/02/18 Senate: Reading of substitute waived
02/02/18 Senate: Committee substitute rejected 18105744D-S1
02/02/18 Senate: Reading of substitute waived
02/02/18 Senate: Committee substitute agreed to 18106272D-S2
02/02/18 Senate: Engrossed by Senate - committee substitute SB726S2
02/05/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee for Courts of Justice
02/20/18 House: Assigned Courts sub: Subcommittee #1
02/21/18 House: Subcommittee recommends reporting with amendment (8-Y 0-N)
02/23/18 House: Reported from Courts of Justice with amendment (18-Y 0-N)
02/27/18 House: Read second time
02/28/18 House: Taken up out of order pursuant to House Rule 52 (96-Y 0-N)
02/28/18 House: VOTE: AGREE TO MOTION (96-Y 0-N)
02/28/18 House: Read third time
02/28/18 House: Committee amendment agreed to
02/28/18 House: Emergency clause added
02/28/18 House: Engrossed by House as amended
02/28/18 House: Passed House with amendment (99-Y 0-N)
02/28/18 House: VOTE: PASSAGE (99-Y 0-N)
02/28/18 Senate: House amendment agreed to by Senate (40-Y 0-N)
03/05/18 Senate: Enrolled
03/05/18 Senate: Bill text as passed Senate and House (SB726ER)

Virginia NORML supported the passage of SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

INCORPORATED: SB 788 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen David Marsden D-37

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill increases the supply of CBD oil or THC-A oil a pharmaceutical processor may dispense from a 30-day supply to a 90-day supply. The bill reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively. The bill provides that any agent or employee of a pharmaceutical processor is authorized to deliver CBD oil or THC-A oil. Finally, the bill provides that no agent or employee of a pharmaceutical processor can be prosecuted for the possession or manufacture of marijuana or the possession, manufacture, or distribution of CBD oil or THC-A oil if such agent or employee is acting in accordance with certain statutes and regulations. Under current law, such agents and employees may be prosecuted but it is considered an affirmative defense if such agents or employees act in accordance with such statutes and regulations.

01/10/18 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Incorporated by Courts of Justice into SB726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 788. SB 788 was incorporated into SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

INCORPORATED: SB 795 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen Siobhan Dunnavant R-12
Senate patrons: Sen Lynwood Lewis D-6, Sen Jill Vogel R-27

01/10/18 Senate: Referred to Committee on Education and Health
01/22/18 Senate: Assigned Education sub: Health Professions
01/25/18 Senate: Incorporated by Education and Health into SB726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 795. SB 795 bill was incorporated into SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

Prosecutorial (10)

DEFEATED: HB 88 Marijuana field test; evidence at trial.

Chief patron: Del Patrick Hope D-47

Marijuana field test; evidence at trial. Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.

12/09/17 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/31/18 House: Subcommittee recommends reporting (7-Y 0-N)
02/05/18 House: Reported from Courts of Justice (18-Y 0-N)
02/07/18 House: Read first time
02/08/18 House: Read second time and engrossed
02/09/18 House: Read third time and passed House (95-Y 4-N)
02/09/18 House: VOTE: PASSAGE (95-Y 4-N)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee for Courts of Justice
02/19/18 Senate: Passed by indefinitely in Courts of Justice (12-Y 3-N)

YEAS to the motion to pass by indefinitely: Obenshain, Norment, Edwards, McDougle, Stuart, Stanley, Reeves, Chafin, Deeds, Sturtevant, Petersen, Peake—12
NAYS to motion to pass by indefinitely: Saslaw, Howell, Lucas—3.

Virginia NORML took no position on HB 88. HB 88 was defeated in Senate Courts of Justice in a 12-3 vote.

SUCCEEDED: HB 188 Sentence reduction; substantial assistance to prosecution.

Chief patron: Del Chris Collins R-29

Sentence reduction; substantial assistance to prosecution. Allows a convicted person's sentence to be reduced if such person provides substantial assistance, defined in the bill, in the furtherance of the investigation or prosecution of another person engaged in an act of violence or for offenses involving the manufacture or distribution of controlled substances or marijuana. Sentence reduction can occur only upon motion of the attorney for the Commonwealth.

12/26/17 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/19/18 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/29/18 House: Reported from Courts of Justice with substitute (18-Y 0-N)
01/29/18 House: Committee substitute printed 18105628D-H1
01/29/18 House: Incorporates HB203 (Mullin)
01/31/18 House: Read first time
02/01/18 House: Read second time
02/01/18 House: Committee substitute agreed to 18105628D-H1
02/01/18 House: Engrossed by House - committee substitute HB188H1
02/02/18 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/18 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee for Courts of Justice
02/12/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/12/18 Senate: Committee substitute printed 18107095D-S1
02/13/18 Senate: Constitutional reading dispensed (39-Y 0-N)
02/14/18 Senate: Read third time
02/14/18 Senate: Reading of substitute waived
02/14/18 Senate: Committee substitute agreed to 18107095D-S1
02/14/18 Senate: Engrossed by Senate - committee substitute HB188S1
02/14/18 Senate: Passed Senate with substitute (40-Y 0-N)
02/16/18 House: Placed on Calendar
02/16/18 House: Senate substitute agreed to by House 18107095D-S1 (96-Y 0-N)
02/16/18 House: VOTE: ADOPTION (96-Y 0-N)
02/16/18 House: Reconsideration of Senate substitute agreed to by House
02/16/18 House: Passed by for the day
02/19/18 House: Passed by for the day
02/20/18 House: Passed by until Tuesday, February 27, 2018
02/27/18 House: Senate substitute rejected by House 18107095D-S1 (0-Y 99-N)
02/27/18 House: VOTE: REJECTED (0-Y 99-N)
03/01/18 Senate: Senate insisted on amendment (39-Y 0-N)
03/01/18 Senate: Senate requested conference committee
03/02/18 House: House acceded to request
03/02/18 House: Conferees appointed by House
03/02/18 House: Delegates: Collins, Leftwich, Mullin
03/05/18 Senate: Conferees appointed by Senate
03/05/18 Senate: Senators: Stanley, Obenshain, Deeds
03/07/18 Conference: Amended by conference committee
03/07/18 House: Conference substitute printed 18108027D-H2
03/08/18 House: Conference report agreed to by House (97-Y 0-N)
03/08/18 House: VOTE: ADOPTION (97-Y 0-N)
03/08/18 Senate: Conference report agreed to by Senate (40-Y 0-N)

Virginia NORML currently takes no position on HB 188. HB 188 succeeded and will be communicated to the governor.

INCORPORATED: HB 203 Sentence reduction; substantial assistance to prosecution.

Chief patron: Del Mike Mullin D-93

12/28/17 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/19/18 House: Subcommittee recommends incorporating into HB188-Collins by voice vote

Virginia NORML took no position on HB 203. HB 203 was incorporated into HB 188.

DEFEATED: HB 595 Overdoses; safe reporting.

Chief patron: Del Betsy Carr D-69

Safe reporting of overdoses. Extends to an individual experiencing a drug-related or alcohol-related overdose the affirmative defense to prosecution for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol, if another individual, in good faith, sought or obtained emergency medical attention for the individual experiencing the overdose. Under current law, the affirmative defense applies only to an individual who sought or obtained emergency medical attention for another individual experiencing an overdose or to an individual who sought or obtained emergency medical attention for himself.

01/08/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/17/18 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 595. HB 595 was defeated in House Criminal Law Subcommittee (#1) on a 7-1 vote.

DEFEATED: HB 645 Strip searches; authorized search of certain misdemeanants, etc.

Chief patron: Del Patrick Hope D-47

Strip searches of certain misdemeanants, etc. Authorizes the strip search of a person in custodial arrest for a traffic infraction, a Class 3 or Class 4 misdemeanor, or a local ordinance punishable by no more than 30 days in jail for a controlled substance if a law-enforcement officer has reasonable cause to believe that such person is concealing such substance. Currently, only strip searches of such persons for weapons is allowed.

01/09/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/24/18 House: Subcommittee recommends passing by indefinitely (8-Y 0-N)

Virginia NORML opposed the passage of 645. HB 645 was defeated in House Subcommittee #1 (Criminal Law) by a unanimous vote.

SUCCEEDED: SB 35 Sentence reduction; substantial assistance to prosecution.

Chief patron: Sen William Stanley R-20
House patron: Del Kaye Kory D-38

11/20/17 Senate: Referred to Committee for Courts of Justice
01/24/18 Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
01/26/18 Senate: Constitutional reading dispensed (35-Y 0-N)
01/29/18 Senate: Read second time
01/29/18 Senate: Reading of amendments waived
01/29/18 Senate: Committee amendments agreed to
01/29/18 Senate: Engrossed by Senate as amended SB35E
01/29/18 Senate: Printed as engrossed 18100459D-E
01/30/18 Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice
02/23/18 House: Assigned Courts sub: Subcommittee #1
02/26/18 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
03/02/18 House: Reported from Courts of Justice with substitute (16-Y 0-N)
03/02/18 House: Committee substitute printed 18107641D-H1
03/06/18 House: Read second time
03/07/18 House: Read third time
03/07/18 House: Committee substitute agreed to 18107641D-H1
03/07/18 House: Engrossed by House - committee substitute SB35H1
03/07/18 House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
03/07/18 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
03/08/18 Senate: House substitute rejected by Senate (0-Y 40-N)
03/08/18 Senate: Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
03/08/18 Senate: House substitute agreed to by Senate (39-Y 1-N)
03/08/18 Senate: Title replaced 18107641D-H1

Virginia NORML currently takes no position on SB 35. SB 35 succeeded and will be communicated to the governor.

DEFEATED: SB 40 Marijuana; reduced penalties for distribution or possession with intent to distribute.

Chief patron: Sen Barbara Favola D-31
Senate patron: Sen Mamie Locke D-2
House patron: Del Kaye Kory D-38

Marijuana; reduced penalties for distribution or possession with intent to distribute. Raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill also reduces the criminal penalties for distribution of or possession with intent to distribute certain greater weights of marijuana and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.

11/21/17 Senate: Referred to Committee for Courts of Justice
01/29/18 Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

Virginia NORML supported the passage of SB 40. SB 40 was defeated in Senate Courts of Justice Committee on a party line vote, 6-9.

WITHDRAWN: SB 68 Strip searches; authorized search of certain misdemeanants, etc.

Chief patron: Sen Janet Howell D-32
House patron: Del Kaye Kory D-38

Strip searches of certain misdemeanants, etc. Authorizes the strip search of a person in custodial arrest for a traffic infraction, a Class 3 or Class 4 misdemeanor, or a local ordinance punishable by no more than 30 days in jail for controlled substances, marijuana, or other contraband if a law-enforcement officer has reasonable cause to believe that such person is concealing any of these items. Currently, only strip searches of such persons for weapons is allowed.

11/30/17 Senate: Referred to Committee for Courts of Justice
01/15/18 Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

Virginia NORML opposed the passage of SB 68. Senator Howell withdrew SB 68.

CONTINUED: SB 110 Marijuana field test; evidence at trial.

Chief patron: Sen Janet Howell D-32

12/14/17 Senate: Referred to Committee for Courts of Justice
01/24/18 Senate: Continued to 2019 in Courts of Justice (15-Y 0-N)

Virginia NORML took no position on SB 110. SB 110 was continued to 2019 in Senate Courts of Justice.

DEFEATED: SB 408 Hashish oil; definition.

Chief patron: Sen Ryan McDougle R-4

Hashish oil; definition. Adds to the definition of hashish oil any waxy or solid extract containing one or more cannabinoids, excluding any such waxy or solid extract with a combined tetrahydrocannabinol and tetrahydrocannabinol acid content of less than 12 percent by weight.

01/09/18 Senate: Referred to Committee for Courts of Justice
01/22/18 Senate: Reported from Courts of Justice (14-Y 0-N)
01/22/18 Senate: Rereferred to Finance
01/31/18 Senate: Passed by indefinitely in Finance (16-Y 0-N)

Virginia NORML took no position on SB 408. SB 408 was defeated unanimously in Senate Finance Committee.

Social Services (4)

DEFEATED: HB 1242 View; substance abuse screening and assessment of public assistance applicants and recipients.

Chief patron: Del Ben Cline R-20

Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal drugs, the Department of Social Services shall require drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year unless, in the case of a positive test result, such person enters into a drug treatment program.

01/10/18 House: Referred to Committee on Health, Welfare and Institutions
01/22/18 House: Assigned HWI sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (5-Y 1-N)

YEAS to motion to pass by indefinitely: Orrock, Garrett, Helsel, James, Levine—5.
NAYS to motion to pass by indefinitely: Bell, Richard P.—1.

Virginia NORML opposed the passage of HB 1242. HB 1242 was defeated in HWI Subcommittee #3.

LEFT IN COMMITTEE: HB 1429 Social Services, Department of; collection of data regarding substance abuse.

Chief patron: Del Jennifer Carroll Foy D-2
Chief co-patron: Del Luke Torian D-52

Department of Social Services; collection of data regarding substance abuse that results in removal of child from home. Provides that whenever the primary reason for removing a child from his home by a local board of social services is categorized as substance abuse by his parent or guardian, including removal due to in utero drug exposure, the Department of Social Services shall, to the extent possible, collect and record information regarding the specific drugs taken by the parent or guardian. The bill requires the Department to develop a process and system to collect, collate, and report such data by July 1, 2019, and to implement such process and system by July 1, 2020.

01/16/18 House: Referred to Committee on Health, Welfare and Institutions
01/19/18 House: Assigned HWI sub: Subcommittee #2
02/06/18 House: Subcommittee recommends reporting with amendment (10-Y 0-N)
02/06/18 House: Subcommittee recommends referring to Committee on Appropriations
02/06/18 House: Reported from Health, Welfare and Institutions with amendment (22-Y 0-N)
02/06/18 House: Referred to Committee on Appropriations
02/06/18 House: Assigned App. sub: Health & Human Resources
02/09/18 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/13/18 House: Left in Appropriations

YEAS to motion to lay the bill on the table: Garrett, Ingram, Landes, Stolle, Pillion—5.
NAYS to motion to lay the bill on the table: Sickles, James, Aird—3.

Virginia NORML took no position on HB 1429. HB 1429 was defeated in House Appropriations Health & Human Services Subcommittee on a party line vote, 5-3.

DEFEATED: SB 203 Food stamp eligibility; drug-related felonies.

Chief patron: Sen Barbara Favola D-31

Food stamp eligibility; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a first-time felony offense of possession with intent to distribute more than one-half ounce but not more than five pounds of marijuana, provided that he complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. Current law prohibits denial of such benefits only if such persons have been convicted of felony possession of a controlled substance.

01/02/18 Senate: Referred to Committee on Rehabilitation and Social Services
01/19/18 Senate: Reported from Rehabilitation and Social Services (8-Y 6-N)
01/19/18 Senate: Rereferred to Finance
01/31/18 Senate: Failed to report (defeated) in Finance (7-Y 8-N)

YEAS to motion to report to Senate for vote: Hanger, Howell, Saslaw, Lucas, Barker, Dunnavant, Dance—7.
NAYS to motion to report to Senate for vote: Norment, Newman, Ruff, Wagner, McDougle, Carrico, Obenshain, Stuart—8.

Virginia NORML supported the passage of SB 203. SB 203 was defeated in Senate Finance Committee in a 7-8 vote.

DEFEATED: SB 204 TANF; eligibility, drug-related felonies.

Chief patron: Sen Barbara Favola D-31
House patron: Del Vivian Watts D-39

Eligibility for TANF; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families (TANF) shall not be denied assistance solely because he has been convicted of a first-time felony offense of possession of a controlled substance, provided that he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed a substance abuse treatment program, and participates in drug screenings. The bill provides that a person who fails or refuses to participate in periodic drug testing or who tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, such person is given one opportunity during the 12-month period to comply with the testing requirement and be reinstated to eligibility for TANF benefits.

01/02/18 Senate: Referred to Committee on Rehabilitation and Social Services
01/19/18 Senate: Reported from Rehabilitation and Social Services with amendments (8-Y 6-N)
01/19/18 Senate: Rereferred to Finance
01/31/18 Senate: Failed to report (defeated) in Finance (7-Y 8-N)

Virginia NORML supported the passage of SB 204. SB 204 was defeated in Senate Finance Committee in a 7-8 vote.

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Marijuana-related Legislation in the 2018 Virginia General Assembly