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, LinkedIn, and YouTube.

   

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:

  

2  CONTINUED  Bill will be taken up in the same Committee in the following year, but is done for this session  
5  DEFEATED  Bill was defeated by vote and will not pass this session  
3  INCORPORATED  Bill was incorporated into other similar and preferential bill  
24  LEFT IN COMMITTEE  Bill was not heard by the Committee or otherwise failed to advance  
3  SUCCEEDED  Bill passed both chambers by vote and has been sent to the Governor  
1  WITHDRAWN  Bill patron withdrew the bill  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

 

LEFT IN COMMITTEE: 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.

03/10/22  Senate: House amendment agreed to by Senate (33-Y 7-N)

Virginia NORML notes:  Prohibiting such shapes is a standard in the US cannabis industry and Virginia regulations would already have required this. The substitute would also apply these restrictions to "hemp" products and limit the quantity of THC in such products.

  

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

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.

  

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

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

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

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. 

 

LEFT IN COMMITTEE: HB 287 Cannabis; replaces the term "marijuana" throughout the Cannabis Control Act.

Chief patron: Del Dawn Adams D-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.

02/15/22 House: Left in General Laws

Virginia NORML notes:  This bill includes policy recommendations and language provided by Virginia NORML.

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Appropriations

  

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

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.

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in General Laws

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

 

LEFT IN COMMITTEE: HB 1202 Conformity with the Internal Revenue Code; cannabis licensees.

Chief patron: Del Jeffrey Campbell R-6

Conformity with the Internal Revenue Code; cannabis licensees. Deconforms from federal law, as it applies to Virginia medical and recreational cannabis licensees, the prohibition on a deduction or credit for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business consists of trafficking in a controlled substance prohibited by federal law.

02/15/22 House: Left in Appropriations

 

DEFEATED: 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.

02/08/22  Senate: Passed by indefinitely in Finance and Appropriations (12-Y 4-N)

Virginia NORML notes:  This bill intended 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. This bill was not likely to advance in the Senate.

 

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

Chief patron: Sen Adam Ebbin D-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.

02/15/22  Senate: Stricken from Senate calendar (38-Y 2-N)

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

 

CONTINUED: SB 391 Cannabis control; retail market; penalties.

Chief patron: Sen Adam Ebbin D-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.

03/01/22  House: Continued to 2023 in General Laws (12-Y 10-N)

Virginia NORML notes:  This bill contains policy recommendations from the Cannabis Oversight Commission for adult-use retail sales.

   

INCORPORATED: 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.

02/04/22  Senate: Incorporated by Rehabilitation and Social Services (SB313-Ebbin) (15-Y 0-N)

Virginia NORML notes:  SB 313 contains policy recommendations from the Cannabis Oversight Commission for transitional sales

 


 

Criminalization

   

DEFEATED: 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.

02/28/22  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

Virginia NORML notes: HB79 was successfully amended to remove the language repealing § 4.1-1302 which 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.

  

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

Chief patron: Del Vivian Watts D-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.

02/15/22 House: Left in Courts of Justice

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in 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.

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Courts of Justice

 

INCORPORATED: 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.

02/07/22  House: Courts of Justice Committee incorporates HB 1030 into HB 79 by voice vote

Virginia NORML notes:  HB 1030 will be incorporated into HB79, which was successfully amended to remove the language repealing § 4.1-1302 which 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.

 

DEFEATED: 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.

03/02/22  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

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

   

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Commerce and Energy

Failed to advance for lack of a motion.

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Commerce and Energy

Virginia NORML notes:  This bill is intended to improve and strengthen employment protections currently provided by law to registered medical cannabis patients.

 

CONTINUED: SB 702 Marijuana; criminal history information, disclosure to state & local governments by job applicants.

Chief patron: Sen Jennifer Kiggans R-7

Marijuana criminal history information; disclosure to state and local governments by job applicants. Allows the Commonwealth or a locality to require a job applicant or other applicant who is seeking a license, permit, registration, or other government service to disclose his prior criminal history for marijuana offenses. Under current law, the Commonwealth and its localities are prohibited from requiring the disclosure of such information for such purposes.

02/09/22 Senate: Continued to 2023 in Judiciary (13-Y 0-N)

  


 

Expungement  

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in 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.

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Courts of Justice

 

DEFEATED: SB 564 Criminal records; sealing of offenses resulting in a deferred & dismissed disposition or conviction

Chief patron: Sen Louise Lucas D-18

Sealing of offenses resulting in a deferred and dismissed disposition or conviction. Provides that a person shall not pay any fees or costs for filing a sealing criminal records petition. Under current law, a person is required to file an indigence petition for any fees or costs to be waived. The bill also eliminates the lifetime cap on the number of sealing petitions that may be filed. The bill reduces from seven years to three years for a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense to be sealed and the filing of the sealing petition during which the petitioner must not have been convicted of violating any law of the Commonwealth. The bill also adds convictions for (i) failure to pay child support, (ii) driving without a license, (iii) driving with a suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automatic sealing. The bill also specifies that the sealing of records related to a conviction includes sealing 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.

03/04/22  House: Subcommittee recommends laying on the table (6-Y 2-N)

 

LEFT IN COMMITTEE: SB 742 Marijuana; expungement of offenses, civil penalty.

Chief patron: Sen Scott Surovell D-36

Expungement of offenses civil penalty. Provides for the automatic sealing of misdemeanor marijuana offenses and the petition-based sealing for certain felony marijuana offenses. The bill requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that any petition for expungement shall be kept under seal and that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. The bill has staggered delayed effective dates in order to develop systems for implementing the sealing provisions of the bill.

03/08/22  House: Left in Courts of Justice

    


 

Medical

 

SUCCEEDED: 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.

04/11/22 Governor: Approved by Governor-Chapter 391 (effective 7/1/22)

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 for patients and processors.

   

SUCCEEDED: SB 671 Pharmaceutical processors; amends the definition of "cannabis oil."

Chief patron: Sen Siobhan Dunnavant R-12

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.

04/11/22 Governor: Approved by Governor-Chapter 392 (effective 7/1/22)

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 for patients and processors and eliminate the requirement for patients to register with Boar dog Pharmacy after receiving the written certification. The bill is similar to HB 933.

  

LEFT IN COMMITTEE: 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.

03/08/22  House: Left in Health, Welfare and Institutions

Virginia NORML notes: This is a technical cleanup bill that would move the creation of the patient certification form to Board of Pharmacy from the Supreme Court. As the form was originally for an affirmative defense, the Supreme Court created it. The actions of these bills have been incorporated into SB 671, which has already succeeded; thus there is no need for them to advance to the floor.

 

LEFT IN COMMITTEE: SB 772 Cannabis; written certification for use.

Chief patron: Sen David Marsden D-37

Board of Pharmacy; cannabis registration. (No bill summary provided by LIS)

03/08/22  House: Left in Health, Welfare and Institutions

Virginia NORML notes: This bill would eliminate the patient registration process and require that the written certification issued by a registered practitioner serve as the qualifying documentation. The actions of these bills have been incorporated into SB 671, which has already succeeded; thus there is no need for them to advance to the floor.

 


 

Resentencing & Parole

 

LEFT IN COMMITTEE: 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.

02/15/22 House: Left in Courts of Justice

  

LEFT IN COMMITTEE: HB 1348 Marijuana-related offenses; creates writ of post-conviction relief.

Chief patron: Del Carrie Coyner R-62

Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated on July 1, 2022, may petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026. The bill has an expiration date of July 1, 2027.

02/15/22 House: Left in Courts of Justice

  

INCORPORATED: 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.

02/07/22  Senate: Incorporated by Judiciary (SB745-Surovell) (15-Y 0-N)

  

DEFEATED: SB 745 Parole; exception to limitation on application of parole statutes, felony marijuana convictions.

Chief patron: Sen Scott Surovell D-36

Parole; exception to the limitation on the application of parole statutes; felony marijuana convictions.Provides that a person is eligible to be considered for parole if such person was convicted of certain felony marijuana offenses when such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022.

03/04/22  House: Committee on Appropriations

Committee votes on a party line 12-Y 10-N to lay the bill on the table, ending debate for the session

  


 

Testing

 

LEFT IN COMMITTEE: HB 897 Hemp products; regulation.

Chief patron: Del Dawn Adams D-68

Regulated hemp products. Directs the Board of Directors of the Virginia Cannabis Control Authority to establish a scheme for the regulation of hemp products intended for smoking, edible hemp products, and topical hemp products.

02/15/22 House: Left in General Laws