Marijuana-related legislation in the 2022 Virginia General Assembly Session

 

How to use this tracker:

   

This page will assist you in tracking, understanding, and taking action on cannabis-related bills moving through the 2022 Virginia General Assembly.

Click the bill title for the complete text and additional information on LIS.

The date of last action on the bill follows the summary. We usually update this at night and try to include what the next anticipated action will be.

When a bill is docketed, the hearing information will follow the last action.

Questions? Contact Virginia NORML at [email protected] or join us Fridays at 4PM (session permitting) for Live with Virginia NORML, now streaming on Facebook, Twitter, YouTube, and LinkedIn.
  

   

What the motions on bills mean:

  

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  
0  DEFEATED  Bill was defeated by vote and will not pass this session  
0  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0  WITHDRAWN  Bill patron withdrew the bill  
0 IN CONFERENCE  Bill is in a committee of Senate and House members to reconcile a final version for approval  

 


 

Adult-use

  

HB 43 Retail marijuana stores; requirement for local referendum.

Chief patron: Del Lee Ware R-65

Retail marijuana stores; requirement for local referendum. Provides that if an act of assembly is passed by the 2022 Session of the General Assembly that authorizes the operation of retail marijuana stores in the Commonwealth, such retail marijuana stores may be located only in localities that have approved the operation of retail marijuana stores through a referendum held in accordance with the provisions of the bill.

01/04/22  House: Committee Referral Pending

Virginia NORML notes:  As proposed in 2021, localities wishing to prohibit retail sales would be fiscally responsible for holding such referenda. The intent of this bill appears to be to instead shift the financial burden to localities wishing to comport with state law and allow legal retail sales.

Contact your representatives in opposition to HB 43.

  

HB 72 Marijuana cultivation facility licenses; prohibition on sale of plants and seeds.

Chief patron: Del Lee Ware R-65

Marijuana cultivation facility licenses; prohibition on sale of plants and seeds. Provides that, if an act of assembly is passed by the 2022 Session of the General Assembly that creates a license that authorizes the licensee to cultivate retail marijuana and perform related activities, such licensees shall not be permitted to sell mature or immature marijuana plants or marijuana seeds to consumers.

01/04/22  House: Committee Referral Pending

 

HB 176 Cannabis control; vertical integration, social equity.

Chief patron: Del Daniel Marshall R-14

Cannabis control; vertical integration; social equity. Requires the Board of Directors of the Virginia Cannabis Control Authority (the Board) to promulgate regulations that allow to qualify as a social equity applicant, and therefore receive certain licensing preferences and advantages, any applicant that has lived or been domiciled for at least 12 months in the Commonwealth and whose principal place of business is, and was prior to July 1, 2021, located in a jurisdiction determined by the Board to be economically distressed. The bill also provides that, if an act of assembly is passed by the 2022 Session of the General Assembly that creates licenses to allow for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products in the Commonwealth, any industrial hemp processor that meets certain registration, program, and production requirements set forth in the bill shall be permitted to possess one or any combination of such licenses upon payment of a $1 million fee to the Board and submission of and compliance with a diversity, equity, and inclusion plan.

01/10/22  House: Committee Referral Pending

Virginia NORML notes:  This bill is specific to allowing large industrial hemp processors to vertically integrate as cannabis processors without a competitive licensing process.

 

HB 211 Retail sale of cannabis products by certain pharmaceutical processors; sunset.

Chief patron: Del Keith Hodges R-98

Retail sale of cannabis products by certain pharmaceutical processors; sunset. Allows certain pharmaceutical processors to, under the oversight of the Board of Pharmacy, sell cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill provides that such sales will be subject to existing Board of Pharmacy regulations and other requirements set forth in the bill. The bill requires pharmaceutical processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors to submit and comply with a plan describing how the pharmaceutical processor will, in its health service area, educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill directs the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations governing sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to the provisions of the bill and provides that, upon the adoption of such regulations, oversight of such activities shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority. The bill expires when pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.

01/10/22  House: Committee Referral Pending 

Virginia NORML notes:  This is a standalone bill to allow existing medical dispensaries to begin adult-use retail sales. Such sales will also be included in the broader adult-use reenactment bill.

 

HB 287 Cannabis; replaces the term "marijuana" throughout the Cannabis Control Act.

Chief patron: Del Dawn Adams R-68

Cannabis. Replaces the term "marijuana" with the term "cannabis" throughout the Cannabis Control Act. The bill also replaces the terms "botanical cannabis" and "cannabis" with the term "medical cannabis" throughout the sections of the Code of Virginia that govern pharmaceutical processors and the issuance of written certifications for the use of cannabis products and oil.

01/11/22  House: Committee Referral Pending 

Virginia NORML notes:  This bill includes policy recommendations and language provided by Virginia NORML. An action alert in support is forthcoming.

 

HB 301 Virginia Cannabis Control Authority; membership criteria for Board members, allocation of revenues.

Chief patron: Del Nicholas Freitas R-30

Board of Directors of the Virginia Cannabis Control Authority; Cannabis Public Health Advisory Council; membership criteria; allocation of revenue. Requires that one member of the Board of Directors of the Virginia Cannabis Control Authority (the Board) be a person who has recovered from a substance use disorder and is not employed by a government entity. The bill increases from 21 to 25 the number of members on the Cannabis Public Health Advisory Council and requires that four members be persons who have recovered from a substance use disorder and are not employed by a government entity. The bill requires that 40 percent of the Board's net profits distributed to the Department of Behavioral Health and Developmental Services be allocated to private certified recovery residences that provide low-cost evidence-based substance use disorder treatment and recovery services and satisfy certain other requirements set forth in the bill.

01/11/22  House: Committee Referral Pending

 

HB 318 Peer Recovery Support Fund; established.

Chief patron: Del Nicholas Freitas R-30

Peer Recovery Support Fund. Establishes the Peer Recovery Support Fund (the Fund) to provide payment for the cost of peer-to-peer substance abuse recovery support services provided by individuals other than state or local government employees. The bill requires that 10 percent of the net profits of the Virginia Cannabis Control Authority derived from the sale of marijuana be appropriated to the Fund in the general appropriation act. The bill also directs the Board of Behavioral Health and Developmental Services to develop regulations setting forth criteria for payments for peer-to-peer substance abuse recovery support services provided by individuals other than state or local government employees from the Fund.

01/11/22  House: Committee Referral Pending

 

HB 430 Cannabis control; retail market; penalties.

Chief patron: Del Charniele Herring D-46

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to criminal penalties, expungement, regulation of certain hemp products, and diversity, equity, and inclusion.

01/11/22  House: Committee Referral Pending

Virginia NORML notes:  This bill is the Democratic reenactment bill for adult-use as required by 2021 legislation and includes multiple amendments to the 2021 version. This bill is likely to be incorporated into the House Republican version.

 

HB 875 Cannabis Equity Reinvestment Board; Board of Directors of Virginia Cannabis Control Authority.

Chief patron: Del Alfonso Lopez D-49

Cannabis Equity Reinvestment Board; Board of Directors of Virginia Cannabis Control Authority; Cannabis Public Health Advisory Council; membership criteria. Adds to the membership of the Cannabis Equity Reinvestment Board, Board of Directors of Virginia Cannabis Control Authority, and Cannabis Public Health Advisory Council one member who is an alumni of an institution of higher education at which Hispanic students comprise at least 25 percent of the institution's full-time undergraduate enrollment.

01/12/22 House: Committee Referral Pending

 

HB 950 Cannabis control; retail market; penalties.

Chief patron: Del Michael Webert R-18

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products, to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates.

01/12/22 House: Committee Referral Pending

 

SB 107 Marijuana tax; revenue allocations.

Chief patron: Sen Thomas Norment R-3

Marijuana tax; revenue allocations. Reallocates revenues from the state marijuana tax so that the 30 percent currently allocated to the Cannabis Equity Reinvestment Fund would be reallocated to the general fund.

01/06/22  Senate: Referred to Committee on Finance and Appropriations

Virginia NORML notes:  This bill intends to eliminate funding for low-interest and zero-interest loans to social equity qualified cannabis licensees in order to foster business ownership and economic growth within communities that have been the most disproportionately impacted by the former prohibition of cannabis. An action alert in opposition is forthcoming.

 

SB 313 Retail sale of cannabis products by certain pharmaceutical processors and industrial hemp.

Chief patron: Sen Adam Ebbin R-30

Retail sale of cannabis products by certain pharmaceutical processors and industrial hemp processors; sunset. Allows certain pharmaceutical processors and industrial hemp processors to sell, under the oversight of the Board of Directors of the Virginia Cannabis Control Authority (the Board), cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill directs the Board to adopt and enforce regulations governing such sales that shall model certain Board of Pharmacy regulations and comply with other requirements set forth in the bill. The bill requires pharmaceutical processors and industrial hemp processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors and industrial hemp processors to submit and comply with a plan describing how the processor will educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill has a delayed effective date of January 1, 2023, and shall expire when pharmaceutical processors and industrial hemp processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.

01/18/22  Senate: Assigned Rehab sub: Cannabis


Virginia NORML notes:  This bill contains policy recommendations for "early sales" from the Cannabis Oversight Commission.

 

SB 391 Cannabis control; retail market; penalties.

Chief patron: Sen Adam Ebbin R-30

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to licensure, criminal penalties, expungement, regulation of certain hemp products, local regulation, and diversity, equity, and inclusion.

01/18/22  Senate: Assigned Rehab sub: Cannabis

 

SB 591 Cannabis; shape prohibitions.

Chief patron: Sen Emmett Hanger R-24

Cannabis; shape prohibitions. Requires the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations that prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit.

01/18/22  Senate: Assigned Rehab sub: Cannabis

 

SB 621 Cannabis products; retail sales by certain pharmaceutical processors.

Chief patron: Sen Siobhan Dunnavant R-12

Retail sale of cannabis products by certain pharmaceutical processors; sunset. Allows certain pharmaceutical processors to, under the oversight of the Board of Pharmacy, sell cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill provides that such sales will be subject to existing Board of Pharmacy regulations and other requirements set forth in the bill. The bill requires pharmaceutical processors engaging in such sales to collect a 21 percent excise tax, to be deposited into the general fund, and pay a $1 million fee, to be deposited into the account of the Virginia Cannabis Control Authority and used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors to submit and comply with a plan describing how the pharmaceutical processor will, in its health service area, educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill directs the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations governing sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to the provisions of the bill and provides that, upon the effective date of such regulations, oversight of such activities shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority. The bill expires when pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.

01/20/22  Senate: Docketed for Committee on Education and Health

 


 

Medical

 

HB 933 Pharmaceutical processors.

Chief patron: Del Roxann Robinson R-27

Pharmaceutical processors. Amends the definition of "cannabis oil" by removing the requirement that only oil from industrial hemp be used in the formulation of cannabis oil. The bill requires the Board of Pharmacy to publish monthly on its website information including the number of practitioners, patients, registered agents, and parents or legal guardians of patients in each health service area who have registered with the Board, the number of written certifications issued, the number of pending applications for registrations, and the pace at which the Board is approving registrations. The bill directs the Board to promulgate numerous regulations related to pharmaceutical processors.

01/12/22  House: Committee Referral Pending

Virginia NORML notes:  This bill summary implies that medical cannabis products are currently made only from industrial hemp and that is not at all accurate. Virginia's medical cannabis companies, called ''pharmaceutical processors," are able to purchase extracts from VDACS-licensed industrial hemp companies if they so desire, but they are not limited to formulating their products from hemp. What this bill would actually do is make technical amendments to medical cannabis Code intended to improve processes.

 

SB 542 Board of Pharmacy; written certification for the use of cannabis products.

Chief patron: Sen David Marsden D-37

Board of Pharmacy; written certification for the use of cannabis products. Requires the Board of Pharmacy to provide a form for practitioners to issue as written certification for the use of cannabis products. Current law requires the Office of the Executive Secretary of the Supreme Court to provide the form.

01/12/22  Senate: Referred to Committee on Education and Health

 


 

Criminalization

   

HB 79 Marijuana and certain traffic offenses; issuing citations.

Chief patron: Del Ronnie Campbell R-24

Issuing citations; marijuana and certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions. The bill also repeals the provision that provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana and that no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.

01/04/22  House: Referred to Committee for Courts of Justice

Virginia NORML notes:  Current law provides that provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana and that no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. An action alert in opposition is forthcoming. 

 

HB 361 Allowing access to, purchase for, or provision of marijuana to minors; penalties.

Chief patron: Del Vivian Watts R-39

Allowing access to, purchase for, or provision of marijuana to minors; penalties. Clarifies that it is a Class 1 misdemeanor for any person who cultivates marijuana plants for personal use to recklessly allow unauthorized access to such marijuana plants by a person younger than 21 years of age.

The bill provides that any person who purchases marijuana or marijuana products for, or otherwise gives, provides, or assists in the provision of marijuana or marijuana products to, another person when he knows or has reason to know that such person is younger than 21 years of age, except by any federal, state, or local law-enforcement officer when possession of marijuana or marijuana products is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor. The bill also removes marijuana from the types of drugs for which distribution to a person under the age of 18 is a felony punishable by a period not less than 10 nor more than 50 years, and a fine not more than $100,000 with the possibility of mandatory minimum sentences. Such provisions shall not become effective if the corresponding provisions of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, are reenacted by the 2022 Session of the General Assembly.

01/11/22  House: Committee Referral Pending

 

HB 960 Issuing citations; marijuana and certain traffic offenses; exclusion of evidence.

Chief patron: Del William Wampler III R-4

Issuing citations; marijuana and certain traffic offenses; exclusion of evidence. Removes provisions that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) with an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date; (ii) with defective and unsafe equipment; (iii) without a light illuminating a license plate; (iv) without brake lights, a high mount stop light, or headlights; or (v) without an exhaust system that prevents excessive or unusual levels of noise, and the accompanying exclusionary provisions. The bill also removes the exclusionary provisions for operating a motor vehicle (a) in violation of certain restrictions on people with a learner's permit, (b) while smoking with a minor present, (c) with certain sun-shading materials and tinting films, (d) with certain objects suspended in the vehicle, and (e) without the required use of seat belts, and for certain violations involving pedestrians crossing a highway. The bill also removes the exclusionary provision that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana.

01/12/22  House: Committee Referral Pending

 

HB 984 Liability for sale of alcohol or marijuana product to an underage person.

Chief patron: Del Chris Runion R-25

Liability for sale of alcohol or marijuana product to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee or cannabis control retail licensee who sells alcohol or a marijuana product to an underage person if the consumption of the alcohol or marijuana product caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The provisions of this act related to the sale of marijuana products have a delayed effective date of January 1, 2024.

01/12/22  House: Committee Referral Pending

 

HB 1030 Issuing citations; marijuana and certain traffic offenses.

Chief patron: Del Terry Austin R-19

Issuing citations; marijuana and certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions. The bill also repeals the provision that provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana and that no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.

01/12/22 House: Committee Referral Pending

 

SB 105 Law-enforcement officers; unlawful stops of motor vehicles.

Chief patron: Sen Joseph Morrissey R-19

Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I; retroactive and prospective effect. Provides that the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, shall be given retroactive and prospective effect.

01/17/22  Senate: Rereferred to Finance and Appropriations

Virginia NORML notes:  This bill would ensure that for any pending court cases, that no evidence discovered or obtained as a result of unlawful search or seizure based solely on odor of marijuana shall be admissible. In some courts § 4.1-1302 is being applied retroactively, whereas in others it is not.

 


 

Employment

   

HB 153 Unemployment/workers compensation; testing for the use of nonprescribed controlled substances.

Chief patron: Del Marie March R-7

Unemployment compensation and workers' compensation; testing for the use of nonprescribed controlled substances. Requires, for an applicant for unemployment benefits for whom the only suitable work available is in an occupation that regularly requires drug testing, the applicant, as a condition of eligibility, to provide the Virginia Employment Commission with the results of a drug test that is negative for the use of a nonprescribed controlled substance. The bill also requires, under the Workers' Compensation Act, in order to determine the cause of a workplace accident that harmed an employee, an employer to require post-accident drug testing for the use of a nonprescribed controlled substance of any employee whose conduct could have contributed to the accident. The bill also prohibits an insurer from providing premium discounts for a drug-free workplace to an employer unless the employer has policies in place requiring such post-accident drug testing.

01/18/22  House: Assigned sub: Subcommittee #2

 

HB 461 Employee protections; medicinal use of cannabis oil.

Chief patron: Del Dan Helmer D-40

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil under the laws of the Commonwealth. pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions. Under the bill, employer includes the Commonwealth and any of its political subdivisions or agencies.

01/11/22  House: Committee Referral Pending

Virginia NORML notes:  This bill is intended to improve and strengthen employment protections currently provided by law to registered medical cannabis patients. An action alert in support is forthcoming.

 


 

Expungement  

   

HB 181 Criminal records; sealing of records; repeal.

Chief patron: Del Margaret Ransone R-99

Criminal records; sealing of records; repeal. Repeals provisions not yet effective allowing for the automatic and petition-based sealing of police and court records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed.

01/10/22  House: Referred to Committee for Courts of Justice

Virginia NORML notes:  This bill proposes to reverse the progress toward automatically sealing records related to misdemeanor marijuana possession, misdemeanor marijuana possession with intent to distribute, and petition-based sealings for felony marijuana possession and paraphernalia. Virginia State Police have already spent $12.5M toward this process. An action alert in opposition is forthcoming.

 

HB 279 Criminal records; sealing of records by petition, criteria.

Chief patron: Del Carrie Coyner R-62

Criminal records; sealing of records by petition; criteria. Removes the requirement that a petitioner has not previously obtained the sealing of two other deferrals or convictions arising out of different sentencing events from the criteria that must be met for the court to enter an order requiring the sealing of the criminal history record information and court records related to certain convictions or charges that have been deferred or dismissed. The bill also adds convictions for driving on a suspended license and driving without a valid license to the list of convictions eligible for automatic sealing. Currently, such offenses are eligible for sealing upon petition. Also, for sealing of misdemeanor offenses by petition, the bill reduces from seven years to five years the period for which the person shall not have been convicted of any offense in order to be eligible for such sealing. The bill also specifies that the sealing of records related to a conviction includes the sealing of any criminal history record information and court records related to any violation of the terms and conditions of a suspended sentence or probation for such conviction.

01/11/22  House: Referred to Committee for Courts of Justice

 


 

Resentencing

   

HB 280 Marijuana-related offenses; modification of sentence.

Chief patron: Del Carrie Coyner R-62

Modification of sentence for marijuana-related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, may receive an automatic hearing to consider modification of such person's sentence. The provisions of this bill sunset on July 1, 2024.

01/11/22  House: Committee Referral Pending

 

SB 518 Modification of sentence for marijuana related offenses.

Chief patron: Sen L. Louise Lucas D-18

Modification of sentence for marijuana related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, may receive an automatic hearing to consider modification of such person's sentence. The bill also allows persons convicted of any felony offense committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, and whose sentence may have been enhanced because of a previous felony marijuana offense or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement, to petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2024. The provisions of this bill sunset on July 1, 2025.

01/12/22  Senate: Referred to Committee on the Judiciary