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 info@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

  

6  CONTINUED  Bill will be taken up in the same Committee in the following year, but is done for this session  
4  DEFEATED  Bill was defeated by vote and will not pass this session  
6  INCORPORATED  Bill was incorporated into other similar and preferential bill  
1  LEFT IN COMMITTEE  Bill was not heard by the Committee  
18  SUCCEEDED  Bill passed both chambers by vote and has been sent to the Governor  
0  WITHDRAWN  Bill's patron withdrew the bill  
0  IN CONFERENCE  Bill is in a committee of Senate and House members to reconcile a final version for approval  

  

Bills in RED were not passed
Bills in GREY have been incorporated into other bills
Bills in YELLOW have been continued to the 2021 session
Bills in GREEN have passed both the House and Senate and are headed to the Governor
Bills in PURPLE are in a conference committee 

 


 

Decriminalization

 

INCORPORATED: 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.

HB 265 was incorporated into HB 972 by a voice vote

 

INCORPORATED: 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.

HB 301 was incorporated into HB 972 by a voice vote

 

INCORPORATED: 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.

HB 481 was incorporated into HB 972 by a voice vote

 

CONTINUED: HB 1507 Possession of marijuana.

Chief patron: Del Jennifer Carroll Foy D-2
Chief co-patron: Del Joshua Cole D-28, Del Don Scott D-80
House patrons: Del 
Jeffrey Bourne D-71, Del Patrick Hope D-47, Del Sally Hudson D-57, Del Chris Hurst D-12, Clinton L. Jenkins D-76, Del Mark Levine D-45, Del Sam Rasoul D-11, Del Ibraheem Samirah D-86, Del Marcus Simon D-53

Possession of marijuana.

HB 1507 was continued to 2021 in the House Committee for Courts of Justice by a voice vote

 

SUCCEEDED: HB 972 Marijuana; possession and consumption, penalty.

Chief patron: Del Charniele Herring D-46
Chief co-patrons: Del Elizabeth Guzman D-31, Del Dan Helmer D-40, Del Steve Heretick D-79
House patrons: Del Kaye Kory D-38, Del Mark Levine D-45

Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. 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 any violation of simple possession of marijuana may be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. Additionally, 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 defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 1, 2021. This bill incorporates HB 265HB 301, and HB 481.

HB 972 was approved by Governor Northam 5/21/20 and is effective 7/1/20

 

SUCCEDED: SB 2 Marijuana; decriminalization of simple possession, penalty.

Chief patron: Sen Adam Ebbin D-30
Chief co-patron: Sen Thomas Norment R-3
Incorporated chief co-patron:  Sen Joseph Morrissey D-16
Senate patrons: Sen Siobhan Dunnavant R-12, Se Jennifer Boysko D-33, Sen Lynwood Lewis D-6, Sen Louis Lucas D-18, Sen William Stanley R-20
House 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. 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.

SB 2 was was approved by Governor Northam 5/21/20 and is effective 7/1/20

 

INCORPORATED: 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.


SB 815 was incorporated into SB 2 by unanimous vote of the Senate Committee on the Judiciary

 


 

Drivers License

 

SUCCEEDED: HB 909 Driver's license; suspensions for certain non-driving related offenses.

Chief patron: Del Cliff Hayes D-77
Chief co-patrons: Del Lamont Bagby D-74, Del Alfonso Lopez D-49
House patrons: Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Clinton Jenkins D-76, Del Ibraheem Samirah D-86

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense, (ii) for non-payment of certain fees owed to a local correctional facility or regional jail, and (iii) for shoplifting motor fuel. This bill is identical to SB 513.

HB 909 was approved by Governor Northam 4/6/20 and is effective 7/1/20

 

SUCCEEDED: SB 513 Driver's license; 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 allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense, (ii) for non-payment of certain fees owed to a local correctional facility or regional jail, and (iii) for shoplifting motor fuel. This bill is identical to HB 909.

SB 513 was approved by Governor Northam 4/6/20 and is effective 7/1/20

 


 

Expungement

 

CONTINUED: 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.

HB 32 was continued to 2021 in House Courts of Justice Committee by voice vote

 

CONTINUED: 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.

HB 267 was continued to 2021 in House Courts of Justice Committee by voice vote

 

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

Chief patron: Sen William Stanley R—20
Incorporated Chief co-patron: Sen Creigh Deeds D-25

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.

SB 306 passed the Senate 40-0, and was continued to 2021 in House Courts of Justice Committee by voice vote

 

DEFEATED: SB 608 Police and court records; expungement.

Chief patron: Sen Thomas Norment R-3
Incorporated chief co-patrons: Sen Ryan McDougle R-4, Sen Mark Peake R-22
Senate patron: Sen David Suetterlein R-19

Expungement of police and court records; pardons. Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, when 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. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit. This bill incorporates SB 118 and SB 517.

SB 608 passed the Senate 40-0, and was left in the House Courts of Justice Committee

 


 

Legalization

 

CONTINUED: HB 87 Marijuana; legalization of simple possession, penalties.

Chief patron: Del Lee Carter D-50
House patron: Del Ibraheem Samirah D-86

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.

HB 87 has been continued to 2021 in the House Courts of Justice Committee by voice vote

 

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

Chief patron: Del Steve Heretick D-79
Chief co-patron: Del Charniele Herring D-46
House patrons: Del Kelly Convirs-Fowler D-21, Del Karrie Delaney D-67, Del Nancy Guy D-83, Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Kaye Kory D-38 Del Mark Levine D-45, Del Kathleen Murphy D-34
Senate patron: Sen Joseph Morrissey D-16

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.

HB 269 was continued to 2021 in the House Courts of Justice Committee by voice vote

 

SUCCEEDED: HJ 130 Cannabis and medical cannabis; JLARC to study options for regulation of adult use.

Chief patron: Del Steve Heretick D-79
House patrons: Del Dawn Adams D-68, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Kathleen Murphy D-34, Del Ibraheem Samirah D-86, Del Vivian Watts D-39
Senate patrons: Sen Jennifer Boysko D-33, Sen Joseph Morrissey D-16

Study; JLARC; regulation of adult use of cannabis and medical cannabis; report. Directs the Joint Legislative Audit and Review Commission to study options for the regulation of adult use of cannabis and medical cannabis. The bill directs JLARC to (i) study and provide guidance on the potential creation of a Cannabis Control Commission to oversee licensing and regulation of industrial hemp, medical cannabis, and adult use of cannabis; (ii) provide regulatory guidance on potential tax rates and revenue forecasts for retail and wholesale products; (iii) study and make recommendations regarding the issuance of initial cultivation and retail licenses; (iv) develop and recommend a fee structure and grandfathering process for current pharmaceutical processors; (v) study and recommend potential marijuana advertising regulations; (vi) study and determine appropriate public consumption venues and personal cultivation allowances; (vii) study funding and processing requirements for expungement of criminal records and rights restoration related to marijuana decriminalization; (viii) study and recommend methods for diversifying ownership of the marijuana market; (ix) assess the California, Massachusetts, and Illinois marijuana programs and their effectiveness in transferring economic prosperity to disproportionately affected areas; (x) study the potential development of a community reinvestment fund; and (xi) review and analyze National Highway Traffic Safety Administration studies on marijuana-related impairment.

HJ 130 passed the House 72-24 and was agreed to in the Senate by voice vote

 

DEFEATED: SJ 66 Cannabis and medical cannabis; joint subcommittee to study development of framework for regulation.

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

Study; Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis; report. Establishes the Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis (Joint Subcommittee). The bill requires the Joint Subcommittee to (i) study and provide guidance on the potential creation of a Cannabis Control Commission to oversee licensing and regulation of industrial hemp, medical cannabis, and adult-use of cannabis; (ii) provide regulatory guidance on potential tax rates and revenue forecasts for retail and wholesale products; (iii) study and make recommendations regarding the issuance of initial cultivation and retail licenses; (iv) develop and recommend a fee structure and grandfathering process for current pharmaceutical processors; (v) study and recommend potential marijuana advertising regulations; (vi) study and determine appropriate public consumption venues and personal cultivation allowances; (vii) study funding and processing requirements for expungement of criminal records and rights restoration related to marijuana decriminalization; (viii) study and recommend methods for diversifying ownership of the marijuana market; (ix) assess the California, Massachusetts, and Illinois marijuana programs and their effectiveness in transferring economic prosperity to disproportionately affected areas; (x) study the potential development of a community reinvestment fund; and (xi) review and analyze National Highway Traffic Safety Administration studies on marijuana-related impairment. The joint subcommittee shall also review studies conducted by JLARC considering the legalization and regulation of the growth, sale, and possession of marijuana and any recommended best practices and policies to address the impact of marijuana prohibition on marginalized members of the community.

SJ 66 has been agreed to by the Senate by a voice vote and was tabled by the House Rules Committee

 

SUCCEEDED: SJ 67 Marijuana; JLARC to study legalization of growth, sale, and possession.

Chief patron: Sen Jennifer McClellan D-9
Senate patron:  Sen Joseph Morrissey D-16
House patron: Del Joshua Cole D-28

Study; JLARC; legalization and regulation of growth, sale and possession of marijuana; report. Directs the Joint Legislative Audit and Review Commission to study and make recommendations for how Virginia should go about legalizing and regulating the growth, sale, and possession of marijuana by July 1, 2022, and address the impacts of marijuana prohibition.

SJ 67 was agreed to by the Senate by a voice vote and passed the House 60-32

 


  

Medical Cannabis

 

DEFEATED: 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.


HB 212 failed to report from the House Courts of Justice on a 10 - 10 vote

 

SUCCEEDED: 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. Directs the Secretary of Health and Human Resources to convene a work group to review the Commonwealth's medical cannabis program and issues of critical importance to the medical cannabis industry and patients, including expansion of the medical cannabis program and the medical use of cannabis flowers, and to report its findings and recommendations, including any legislative recommendations, to the Governor, the Attorney General, and the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health no later than October 1, 2020.

HB 347 was approved by Governor Northam 4/6/20 and is effective 7/1/20

 

SUCCEEDED: HB 1460 Cannabidiol oil and THC-A oil; dispensing to non-Virginia residents.

Chief Patron: Del Israel O'Quinn R-5

Dispensing cannabidiol oil and THC-A oil; non-Virginia residents. Removes the requirement that a person be a Virginia resident to obtain a certification for cannabidiol oil and THC-A oil in Virginia. The bill also makes clear that a practitioner who issues a written certification for cannabidiol oil must use his professional judgment to determine the manner and frequency of patient care and evaluation and authorizes such practitioner to utilize telemedicine, consistent with federal requirements for the prescribing of Schedule II through V controlled substances.

HB 1460 was approved by Governor Northam 4/6/20 and is effective 7/1/20

 

SUCCEEDED: HB 1670 Pharmaceutical processors; cannabidiol oil, formulation may include oil from industrial hemp.

Chief Patron: Del Israel O'Quinn R-5
House patrons: Del Glenn Davis R-84 Del Terry Kilgore R-1

Board of Pharmacy; pharmaceutical processors; cannabis oil. Allows pharmaceutical processors to acquire industrial hemp grown and processed in Virginia from a registered industrial hemp dealer or processor and allows a pharmaceutical processor to process and formulate industrial hemp with cannabis plant extract into an allowable dosage.

HB 1670 was approved by Governor Northam 4/9/20 and is effective 7/1/20

 

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

SB 61 was passed by indefinitely in the Senate Judiciary Committee on a 13-0 vote

 

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

Chief patron: Sen Siobhan Dunnavant R-12
Senate patron: Sen Jennifer Kiggans R-7

Nursing homes, assisted living facilities, hospice programs and hospice facilities; possession and administration of cannabidiol or THC-A oil. Allows nursing home, assisted living facility, hospice program, and hospice facility employees and 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.

SB 185 was approved by Governor Northam 4/7/20 and is effective 7/1/20

 

SUCCEEDED: SB 885 Performance of laboratory analysis; cannabidiol oil, THC-A oil, tetrahydrocannabinol.

Chief Patron: Sen David Marsden D-37

Performance of laboratory analysis; cannabidiol oil; THC-A oil; tetrahydrocannabinol. Provides that no person employed by an analytical laboratory to retrieve, deliver, or possess cannabidiol oil or THC-A oil samples from a permitted pharmaceutical processor for performing required testing shall be prosecuted for the possession or distribution of cannabidiol oil or THC-A oil for storing cannabidiol oil or THC-A oil for testing purposes in accordance with regulations promulgated by the Board of Pharmacy. The bill requires practitioners to register with the Board of Pharmacy to conduct laboratory analysis on tetrahydrocannabinol or marijuana and exempts practitioners conducting laboratory research on tetrahydrocannabinol from furnishing evidence of federal registration. The bill contains an emergency clause.

SB 885 was approved by Governor Northam 4/9/20 and is effective 4/9/20

 

SUCCEEDED: SB 976 Board of Pharmacy; pharmaceutical processors; processing and dispensing cannabis oil.

Chief Patron: Sen David Marsden D-37

Board of Pharmacy; pharmaceutical processors; cannabis dispensing facilities. Defines "cannabis dispensing facilities" and allows the Board of Pharmacy to issue up to five permits for cannabis dispensing facilities per health service area. The bill requires the Board to establish a ratio of one pharmacist for every six pharmacy interns, technicians, and technician trainees for pharmaceutical processors and cannabis dispensing facilities. The bill directs the Board of Pharmacy to require that, after processing and before dispensing cannabis oil, a pharmaceutical processor make a sample available from each homogenized batch of product for testing at an independent laboratory located in Virginia that meets Board requirements. The bill requires that the Board promulgate regulations that include an allowance for the sale of devices for administration of dispensed products and an allowance for the use and distribution of inert product samples containing no cannabinoids for patient demonstration exclusively at the pharmaceutical processor or cannabis dispensing facility, and not for further distribution or sale, without the need for a written certification. The bill also requires the Board to adopt regulations for pharmaceutical processors that include requirements for (i) processes for safely and securely cultivating cannabis plants intended for producing cannabis oil; (ii) a maximum number of marijuana plants a pharmaceutical processor may possess at any one time; (iii) the secure disposal of plant remains; (iv) dosage limitations, which shall provide that each dispensed dose of cannabis oil not exceed 10 milligrams of tetrahydrocannabinol; and (v) a process for registering cannabis oil products. The bill requires the Board of Pharmacy to promulgate required regulations within 280 days of the bill's enactment.

SB 976 was amended during the reconvened session and takes effect 7/1/2020

 

SUCCEEDED: SB 1015 Marijuana; possession of cannabidiol oil or THC-A oil.

Chief Patron: Sen David Marsden D-37

Possession of marijuana; cannabidiol oil or THC-A oil. Provides that a person who possesses marijuana in the form of cannabidiol oil or THC-A oil pursuant to a valid written certification issued by a practitioner in the course of his professional practice shall not prosecuted for simple possession of marijuana. The bill also provides that no agent or employee of a pharmaceutical processor shall be prosecuted for possession or manufacture of marijuana or for possession, manufacture, or distribution of cannabidiol oil or THC-A oil, or subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board if such agent or employee (i) possessed or manufactured such marijuana for the purposes of producing cannabidiol oil or THC-A oil or (ii) possessed, manufactured, or distributed such cannabidiol oil or THC-A oil in accordance with law. Current law provides that such possession of marijuana in the form of cannabidiol oil or THC-A oil in such circumstances is an affirmative defense to such charges.

SB 1015 was approved by Governor Northam 4/6/20 and is effective 7/1/20

 

SUCCEEDED: 1045 Cannabidiol oil and THC-A oil; sample testing.

Chief Patron: Sen Ghazala Hashmi D-10

Cannabidiol oil and THC-A oil; sample testing. Directs the Board of Pharmacy to require that, after processing and before dispensing cannabidiol oil and THC-A oil, a pharmaceutical processor make a homogenized batch of product for testing at an independent laboratory located in Virginia.

SB 1045 was approved by Governor Northam 4/9/20 and is effective 7/1/20

 


 

Schools

 

SUCCEEDED: HB 257 School principals; incident reports.

Chief patron: Del Michael Mullin D-93
Chief co-patrons: Del Sally Hudson D-57, Del Shelly Simonds D-94
Chief co-patron: Del Elizabeth Guzman D-31, Del Mark Keam D-35, DelAlfonzo Lopez D-49

School principals; incident reports. Eliminates the requirement for reports to be made to division superintendents and school principals on incidents involving assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity. The bill also eliminates the requirement that school principals report certain enumerated acts that may constitute a misdemeanor offense to law enforcement. This bill incorporates HB 695.

HB 257 was approved by Governor Northam on 3/12/20 and is effective 7/1/20

 

INCORPORATED: 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.

HB 695 was incorporated into HB 257 by voice vote

 

SUCCEEDED: SB 729 School principals; incident reports.

Chief patron: Sen Jennifer McClellan D-9
Senate patron: Sen Montgomery Mason D-1

School principals; incident reports. Eliminates the requirement that school principals report certain enumerated acts that may constitute a misdemeanor offense to law enforcement.

SB 729 was approved by Governor Northam 3/6/20 and is effective 7/1/20

 


 

TANF

 

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

Chief patron: Del Elizabeth Guzman D-31
Chief co-patrons: Del Lamont Bagby D-74, Del Alfonso Lopez D-49, Del Don Scott D-80, Del Jeion Ward D-91
Chief co-patron:
Del Patrick Hope D-47, Del Clinton Jenkins D-76, Del Kaye Kory D-38, Del Mark Levine D-45, Del Sam Rasoul D-11, Del Ibraheem Samirah D-86, Del Vivian Watts D-39

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 drug-related felony. This bill incorporates HB 391, HB 786, HB 814, and HB 1130.

HB 566 was approved by Governor Northam 3/18/20 and is effective 7/1/20

 

SUCCEEDED: 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.

SB 124 was approved by Governor Northam 3/10/20 and is effective 7/1/20

 

INCORPORATED: 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.

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