Marijuana-related legislation in the 2020 Virginia General Assembly

Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at director@virginianorml.org or 804-464-7050 M-F 9-6.

 

Motions on bills

  

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

   

Final Outcomes for Bills

  

0  CONTINUED  Bill will be taken up in the same Committee in the following year, but is done for this session  
1  DEFEATED  Bill was defeated by vote and will not pass this session  
1  INCORPORATED  Bill was incorporated into other similar and preferential bill  
0  LEFT IN COMMITTEE  Bill was not heard by the Committee  
0  SUCCEEDED  Bill passed both chambers by vote and has been sent to the Governor  
0  STRICKEN  House bill was stricken from the docket and not heard (similar to withdrawn in the Senate)  
0  WITHDRAWN  Senate bill's patron withdrew the bill  

  

Bills in RED were not passed
Bills in GREY have been incorporated into other bills
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

 


  

Decriminalization

 

HB 265 Marijuana; decriminalization of simple marijuana possession, civil penalty.

Chief patron: Del Steve Heretick D-79
House patrons: Del Nancy Guy D-83, Del Patrick Hope D-47, Del Kaye Kory D-38

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. 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 from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana.

12/30/19  House: Prefiled and ordered printed; offered 01/08/20 20100927D

12/30/19  House: Referred to Committee for Courts of Justice

 

HB 301 Marijuana; decriminalization of simple possession, penalty.

Chief patron: Del Mark Levine D-45 

Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty, payable to the Literary Fund, of no more than $100 for a first violation, $250 for a second violation, and $500 for a third or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum 30-day jail sentence, and subsequent offenses are a Class 1 misdemeanor. The bill reduces the criminal penalties for distribution and possession with intent to sell, give, or distribute marijuana. The bill creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use and provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill also limits forfeiture of property from the sale or distribution of marijuana to quantities of more than one pound; currently there is no minimum amount.

12/30/19  House: Prefiled and ordered printed; offered 01/08/20 20101961D

12/30/19  House: Referred to Committee for Courts of Justice

 

HB 481 Marijuana; decriminalization of simple marijuana possession, penalty.

Chief patron: Del Kaye Kory D-38

Marijuana; decriminalization of simple marijuana possession; penalty. 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.

01/03/20  House: Prefiled and ordered printed; offered 01/08/20 20103114D
01/03/20  House: Referred to Committee for Courts of Justice

 

HB 1507 Possession of marijuana.

Chief patron: Del Jennifer Carroll Foy D-2

Possession of marijuana.

01/08/20  House: Presented and ordered printed 20105399DD
01/08/20  House: Referred to Committee for Courts of Justice

 

SB 2 Marijuana; decriminalization of simple possession, penalty.

Chief patron: Sen Adam Ebbin D-30
Chief Co-patron: Sen Thomas Norment R-3
Senate patron: Sen Siobhan Dunnavant R-12

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50. 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 and substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines marijuana to include hashish oil. The bill 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 allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession when all court costs and fines and orders of restitution have been paid. The bill contains technical amendments.

11/18/19 Senate: Prefiled and ordered printed; offered 01/08/20 20100705D

11/18/18  Senate: Referred to Committee for Courts of Justice

01/08/20 Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name

01/16/20  Senate: Assigned Juciciary sub: Criminal Law

Virginia NORML supports the passage of SB 2

 

SB 815 Marijuana; decriminalization of simple marijuana possession; penalty.

Chief patron: Sen Joseph Morrissey D-16

Marijuana; decriminalization of simple marijuana possession; penalty. 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 apply only to criminal violations or civil violations by a juvenile, and the driver's license suspension provisions apply only to criminal violations. 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.

01/08/20  Senate: Prefiled and ordered printed; offered 01/08/20 20103848D

01/08/20  Senate: Referred to Committee on the Judiciary

01/16/20  Senate: Assigned Juciciary sub: Criminal Law

 


 

Expungement

 

HB 32 Police and court records; expungement of records for misdemeanor and nonviolent felony convictions.

Chief patron: Del Joseph C. Lindsey D-90
House patrons: Del Betsy Carr D-69, Del Ibraheem Samirah D-86

Expungement of police and court records; misdemeanor and nonviolent felony convictions. Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if such person has (i) been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least eight years, (ii) no prior or subsequent convictions other than traffic infractions, and (iii) no pending criminal proceeding.

11/19/19 Prefiled and ordered printed; offered 01/08/20 20100626D

11/19/19  House: Referred to Committee for Courts of Justice

 

HB 267 Police and court records, expungement of records.

Chief patron: Del Steve Heretick D-79

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, enter an order requiring the expungement of the police and court records relating to the charge.

12/30/19  House: Prefiled and ordered printed; offered 01/08/20 20102962D
12/30/19  House: Referred to Committee for Courts of Justice

 

SB 306 Destruction of criminal history information for certain charges and convictions.

Chief patron: Sen William Stanley R—20

Destruction of criminal history information for certain charges and convictions. Provides that a court shall enter an order of destruction for police and court records, in the absence of good cause shown to the contrary by the Commonwealth, for a deferred disposition dismissal of (i) underage alcohol possession when one year has passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied or (ii) possession of marijuana when three years have passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied. The bill also provides that any person who has received such deferred disposition dismissals may file a petition with the court that disposed of such charge for an order of destruction at any time provided that all court costs and fines and all orders of restitution have been satisfied. This bill is a recommendation of the Virginia Criminal Justice Conference.

01/05/20  Senate: Prefiled and ordered printed; offered 01/08/20 20100961D

01/05/20  Senate: Referred to Committee for Courts of Justice

01/08/20 Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name

01/20/20  Senate: Assigned Judiciary sub: Criminal Law

 


 

Legalization

 

HB 87 Marijuana; legalization of simple possession, penalties.

Chief patron: Del Lee Carter D-50

Marijuana; legalization of simple marijuana possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $100 for possession of (i) two and one-half ounces or less of marijuana or (ii) 12 or fewer marijuana plants and a civil penalty of no more than $500 for possession of more than (a) two and one-half ounces of marijuana or (b) 12 marijuana plants. 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 also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana secure transporters, marijuana testing facilities, retail marijuana stores, and marijuana microbusinesses by the Board of Agriculture and Consumer Services. The bill imposes an additional tax of 10 percent on retail marijuana and retail marijuana products sold by retail marijuana stores and microbusinesses and directs the first $20 million of such revenues, after expenses of the Board are paid, to the Veterans Treatment Fund, established in the bill. The remaining tax receipts will be distributed to the localities in which the businesses operate, toward the state's share of Standards of Quality basic aid payments, and to the Commonwealth Mass Transit Fund. The bill also expands the legal medical uses of marijuana and tetrahydrocannabinol from only cancer and glaucoma to any use to alleviate the symptoms of any diagnosed condition or disease determined by the prescribing doctor to benefit from the use of such substance.

12/10/19 Prefiled and ordered printed; offered 01/08/20 20100835D
12/10/19  House: Referred to Committee for Courts of Justice

 

 

HB 269 Marijuana; legalization of simple marijuana possession, penalty.

Chief patron: Del Steve Heretick D-79
House patrons: Del Nancy Guy D-83, Del Patrick Hope D-47, Del Kaye Kory D-38

Marijuana; legalization of simple marijuana possession; penalty. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age 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. 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 also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education.

12/30/19  House: Prefiled and ordered printed; offered 01/08/20 20100185D
12/30/19  House: Referred to Committee for Courts of Justice

 


  

Medical Cannabis

 

HB 212 Custody and visitation arrangements; use of cannabidiol oil or THC-A oil by foster parent, etc.

Chief patron: Del Chris Hurst D-12

Custody and visitation arrangements; foster care; adoption; use of cannabidiol oil or THC-A oil. Provides that the use of cannabidiol oil or THC-A oil by a parent in a custody or visitation case shall not serve as the sole basis for the denial or restriction of custody or visitation, if such parent has a written certification by a practitioner attesting to the benefit of such use. The bill further provides that such use by a foster parent shall not be the sole reason a child is removed from a foster parent and that such use by a prospective foster parent shall not be the sole reason to deny such prospective foster parent eligibility to become a foster parent. The bill also provides that such use by a petitioner for adoption shall not be the sole reason for the denial of a final order of adoption by a circuit court.

12/27/19  House: Prefiled and ordered printed; offered 01/08/20 20102994D

12/27/19  House: Referred to Committee on Health, Welfare and Institutions

01/21/20  House: Referred from Health, Welfare and Institutions by voice vote

01/21/20  House: Referred to Committee for Courts of Justice

01/21/20  House: Assigned Courts sub: Civil

01/22/20  House: Subcommittee recommends reporting with amendments (5-Y 3-N)

 

 

Virginia NORML supports the passage of HB 212

 

HB 347 Tetrahydrocannabinol products; permits to process and dispense cannabidiol oil and THC-A oil.

Chief patron: Del Glenn Davis R-84

Tetrahydrocannabinol products; permits to process and dispense cannabidiol oil and THC-A oil. Increases from one to two the number of pharmaceutical processor permits the Board of Pharmacy may issue or renew for each health service area in any year and allows each pharmaceutical processor to whom a permit has been issued by the Board of Pharmacy to operate up to two off-site dispensing facilities for the dispensing of cannabidiol oil and THC-A oil. The bill directs the Board of Pharmacy to issue additional permits to operate a pharmaceutical processor by September 1, 2020.

01/01/20  House: Prefiled and ordered printed; offered 01/08/20 20103173D

01/01/20  House: Referred to Committee on Health, Welfare and Institutions

01/15/20  House: Assigned HWI sub: Health Professions

 

DEFEATED: SB 61 Custody and visitation arrangements; use of cannabidiol oil or THC-A oil by foster parent, etc.

Chief patron: Sen David Marsden D-37
House patron: Del Kaye Kory D-38

Custody and visitation arrangements; foster care; adoption; use of cannabidiol oil or THC-A oil. Provides that the use of cannabidiol oil or THC-A oil by a parent in a custody or visitation case shall not serve as the sole basis for the denial or restriction of custody or visitation, if such parent has a written certification by a practitioner attesting to the benefit of such use. The bill further provides that such use by a foster parent shall not be the sole reason a child is removed from a foster parent and that such use by a prospective foster parent shall not be the sole reason to deny such prospective foster parent eligibility to become a foster parent. The bill also provides that such use by a petitioner for adoption shall not be the sole reason for the denial of a final order of adoption by a circuit court.

11/19/19 Prefiled and ordered printed; offered 01/08/20 20100579D

11/19/19 Senate: Referred to Committee for Courts of Justice

01/15/20  Senate: Passed by indefinitely in Judiciary (13-Y 0-N)

 

Virginia NORML supported the passage of SB 61

 

SB 185 Nursing homes and assisted living facilities; possession and administration of cannabidiol or THC-A.

Chief patron: Sen Siobhan Dunnavant R-12

Nursing homes and assisted living facilities; possession and administration of cannabidiol or THC-A oil. Allows nursing home and assisted living facility staff members who are authorized to possess, distribute, or administer medications to residents to store, dispense, or administer cannabidiol oil or THC-A oil to a resident who has been issued a valid written certification for such medication.

12/27/19  Senate: Prefiled and ordered printed; offered 01/08/20 20103901D

12/27/19  Senate: Referred to Committee on Education and Health

Virginia NORML supports the passage of SB 185

 


 

Miscellaneous

 

HB 566 Eligibility for food stamps and TANF; drug-related felonies.

Chief patron: Del Elizabeth Guzman D-31

Eligibility for food stamps and TANF; 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 drug-related felony. Under current law, such individuals may not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of § 18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and meets any other obligations as determined by the Department of Social Services. The bill also provides that a person who is otherwise eligible to receive TANF benefits shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of § 18.2-250.

01/06/20  House: Prefiled and ordered printed; offered 01/08/20 20105131D

01/06/20  House: Referred to Committee on Health, Welfare and Institutions

01/14/20  House: Assigned HWI sub: Social Services

01/23/20  House: Subcommittee recommends reporting with substitute (6-Y 0-N)

01/23/20  House: Subcommittee recommends referring to Committee on Appropriations

 

 

 

HB 695 Reports of certain acts to school authorities; exclusion; possession of certain amount of marijuana.

Chief patron: Del Shelly Simonds D-94

Reports of certain acts to school authorities; exclusion; possession of certain amount of marijuana. Excludes from the incident reports required to be made to division superintendents and principals or their designees incidents involving the possession, for personal use and without the indicia of an intent to distribute, of less than one-quarter of one ounce of marijuana on a school bus, on school property, or at a school-sponsored activity.

01/06/20  House: Prefiled and ordered printed; offered 01/08/20 20104088D

01/06/20  House: Referred to Committee on Education

01/06/20  House: Referred to Committee on Education

01/13/20  House: Assigned Education sub: Pre-K-12

 

SB 124 Food Stamps; eligibility, drug-related felonies.

Chief patron: Sen Mamie Locke D-2
Incorporated Chief Co-patron: Sen Barbara Favola D-31

Eligibility for food stamps; 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 drug-related felony. Under current law, a person otherwise eligible to receive food stamp benefits shall not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of § 18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services.

12/16/19  Senate: Prefiled and ordered printed; offered 01/08/20 20101203D

12/16/19  Senate: Referred to Committee on Rehabilitation and Social Services

01/10/20  Senate: Reported from Rehabilitation and Social Services with substitute (9-Y 6-N)

01/10/20  Senate: Incorporates SB155 (Favola)

01/10/20  Senate: Committee substitute printed 20105548D-S1

01/10/20  Senate: Rereferred to Finance and Appropriations

01/22/20  Senate: Reported from Finance and Appropriations (13-Y 2-N)

01/23/20  Senate: Read third time and passed Senate (39-Y 0-N)

 

SB 155 TANF; eligibility for drug-related felonies.

Chief patron: Sen Barbara Favola D-31

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 such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of § 18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and meets any other obligations as determined by the Department of Social Services.

12/18/19  Senate: Prefiled and ordered printed; offered 01/08/20 20102019D
12/18/19  Senate: Referred to Committee on Rehabilitation and Social Services
01/10/20  Senate: Incorporated by Rehabilitation and Social Services (SB124-Locke) (15-Y 0-N)

SB 155 was incorporated into SB 124 on a 15-Y 0-N vote