Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill provides that no retail sales may occur prior to November 1, 2026.

1/13/2026 Senate: Referred to Committee on Rehabilitation and Social Services

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing all marijuana licenses on September 1, 2026, but provides that no retail sales may occur prior to May 1, 2027.

1/23/2026 Senate: Incorporated by S-Rehabilitation and Social Services committee (SB542‑Aird) (14‑Y 0‑N)

SB826 Taxation, revenues, and cannabis.

Chief patron: Sen Louise Lucas (D)

Criminalization

DEFEATED: SB12 Issuing citations; certain traffic offenses and odor of marijuana, exclusion of evidence.

Chief patron: Sen Bill DeSteph (R)

Issuing citations; certain traffic offenses and odor of marijuana; exclusion of evidence. Removes provisions prohibiting a law-enforcement officer from stopping a motor vehicle for operating (i) with an expired registration sticker prior to the first day of the fourth month after the original expiration date; (ii) with defective and unsafe equipment; (iii) without tail lights, brake lights, or a supplemental high mount stop light; (iv) without lighted headlights displayed when so required; (v) with certain tinting films, signs, posters, stickers, or decals; (vi) with objects or other equipment suspended so as to obstruct the driver's view; or (vii) with an expired inspection prior to the first day of the fourth month after the original expiration date, as well as the accompanying exclusionary provisions. The bill also authorizes a law-enforcement officer to lawfully stop, search, or seize a person, place, or thing or a search warrant to be issued based solely on the odor of marijuana if such odor creates a reasonable suspicion of a violation of the law prohibiting driving while intoxicated.

1/26/2026 Senate: Passed by indefinitely in S-Courts of Justice committee (9‑Y 5‑N)

CONTINUED: SB145 Marijuana field test; testimony as to the results; consuming, etc., while in a motor vehicle.

Chief patron: Sen Ryan McDougle (R)

Marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds. Allows a law-enforcement officer to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science regarding whether or not any plant material at issue is marijuana in a trial for a violation of using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway or consuming or possessing marijuana or marijuana products in or on public school grounds, provided the defendant has been given written notice of his right to request a full chemical analysis. Current law allows a law-enforcement officer to testify as to the results of a marijuana field test in a trial for underage possession or consumption of marijuana.

1/28/2026 Senate: Continued to next session in S-Courts of Justice committee (13‑Y 0‑N)

Expungement

SB230 Police and court records; expungement of records.

Chief patron: Sen Scott Surovell (D)

Expungement of police and court records. Permits the expungement of police and court records relating to an initial charge when a person is charged with the commission of an infraction, a crime, or a civil offense and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser punishment, so that such person is not convicted of the initial charge. The bill also permits that a petition may request expungement of the police and court records for multiple charges if all such charges arose out of the same transaction or occurrence and all such charges are eligible for expungement.

1/28/2026 Senate: S-Courts of Justice committee substitute offered

Medical

HB391 Medical cannabis program; product labels, delivery.

Chief patron: Del Alex Askew (D)

Medical cannabis program; product labels; delivery. Changes the requirements for what is included on medical cannabis product labels affixed by pharmaceutical processors to include (i) the total milligrams of tetrahydrocannabinol (THC) and cannabidiol (CBD) included in the edible cannabis product or topical cannabis product, both defined in the bill; (ii) the number of milligrams of THC and CBD in each serving of the edible cannabis product or topical cannabis product; and (iii) the total percentage of THC and CBD included in the inhalable cannabis product, defined in the bill. Under current law, the product label of any medical cannabis product is required to include the total percentage and milligrams of THC and CBD included in the product and the number of milligrams of THC and CBD in each serving.

The bill also allows a pharmaceutical processor or cannabis dispensing facility to dispense or deliver cannabis products in person to a patient or such patient's registered agent, parent, or legal guardian at any residence, including a temporary residence or business. However, the bill prohibits dispensing or delivering cannabis products to (a) any military base, child day center, school, or correctional facility; (b) the State Capitol; or (c) any public gathering places, including sporting events, festivals, fairs, races, concerts, and terminals of public transportation companies. The bill also specifies that all transportation or delivery of usable cannabis, botanical cannabis, cannabis oil, or cannabis products, whether by an employee or delivery agent, shall comply with all relevant laws and regulations and provides that the Board of Directors of the Virginia Cannabis Control Authority may suspend or revoke the privileges of any employee or delivery agent to transport or deliver such products for failure to comply. The bill contains technical amendments.

2/3/2026 Senate: Referred to Committee on S-Rehabilitation and Social Services

HB75 Medical care facilities; expanded access to medical cannabis for terminally ill patients.

Chief patron: Del Karen Keys-Gamarra (D)

Medical care facilities; expanded access to medical cannabis for terminally ill patients. Requires medical care facilities to permit terminally ill patients, as defined in the bill, to use medical cannabis. The bill requires medical care facilities to adopt policies facilitating the use of medical cannabis. The provisions of the bill do not apply to the provision of emergency medical services, including in emergency departments of hospitals. The bill requires compliance with applicable drug and medication requirements, specifies that compliance with its provisions shall not be a condition of obtaining, retaining, or renewing a license as a medical care facility, and establishes a protocol for noncompliance in the event of intervention by the federal government.

1/21/2026 House: Assigned sub: Health

HB486 Medical care facilities; expanded access to medical cannabis for terminally ill patients.

Chief patron: Del Irene Shin (D)

Medical care facilities; expanded access to medical cannabis for terminally ill patients. Requires medical care facilities to permit terminally ill patients, as defined in the bill, to use medical cannabis. The bill requires medical care facilities to adopt policies facilitating the use of medical cannabis. The provisions of the bill do not apply to the provision of emergency medical services, including in emergency departments of hospitals. The bill requires compliance with applicable drug and medication requirements, specifies that compliance with its provisions shall not be a condition of obtaining, retaining, or renewing a license as a medical care facility, and establishes a protocol for noncompliance in the event of intervention by the federal government. The bill has a delayed effective date contingent on the federal rescheduling of marijuana from a Schedule I to a Schedule III drug.

1/21/2026 House: Assigned sub: Health

SB332 Department of Health; administration of medical marijuana to terminally ill patients; work group.

Chief patron: Sen Barbara Favola (D)

Department of Health; administration of medical marijuana to terminally ill patients; work group. Directs the Department of Health to convene a work group to develop policies for the safe administration of medical marijuana to terminally ill patients. The bill directs the Department to promulgate regulations establishing such policies by January 1, 2027, unless there is a delay in the federal reclassification of marijuana as a Schedule III drug.

2/5/2026 Senate: Reported from S-Education and Health committee with substitute (13‑Y 0‑N 2‑A)

Parental Rights

HB942 Child abuse and neglect; custody and visitation; possession or consumption of authorized substances.

Chief patron: Del Nadarius Clark (D)

Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.

2/4/2026 House: Reported from H-Courts of Justice committee with amendment(s) (15‑Y 7‑N)

Sentencing

HB26 Marijuana-related offenses; modification of sentence, sunset.

Chief patron: Del Rozia Henson (D)

Modification of sentence for marijuana-related offenses. Creates a process by which persons convicted of certain felony offenses involving the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The provisions of this bill sunset on July 1, 2029.

1/28/2026 House: Reported from H-Courts of Justice committee with substitute and referred to Appropriation

SB62 Marijuana-related offenses; modification of sentence, sunset.

Chief patron: Sen Louise Lucas (D)

Modification of sentence for marijuana-related offenses. Creates a process by which persons convicted of certain felony offenses involving the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The provisions of this bill sunset on July 1, 2029.

2/4/2026 Senate: Reported from S-Courts of Justice committee with amendments and rereferred to Finance and Appropriations (12‑Y 3‑N)

Workgroups, Studies, & Resolutions

SB543 Marijuana and hemp products; enforcement.

Chief patron: Sen Lashrecse Aird (D)

Marijuana and hemp products; enforcement. Amends various provisions of law to increase enforcement and penalties related to the illegal sale of marijuana or marijuana products by persons licensed by the Virginia Department of Agriculture and Consumer Services, the Virginia Alcoholic Beverage Control Authority, and the Virginia Cannabis Control Authority (CCA). The bill also requires the Board of Directors of the CCA to (i) establish, advertise, and administer a tip line, which may be accessed by phone and by internet, for members of the public to anonymously report concerns about, or suspected instances of, illicit retail marijuana practices in violation of current law and (ii) create and require a decal for retail marijuana store licensees to prominently display on the premises of such store that allows consumers to electronically verify the validity of such store's license from the Board. The bill requires such decal to be displayed by licensees, with a civil penalty of $10,000 for each day that such decal is not displayed in the establishment. The bill also creates a $10,000 civil penalty for creating or falsifying such decal.

Lastly, the bill allows the Board to issue a notice of violation and order to cease unlicensed activity to any person who is engaged in the cultivation, processing, distribution, or selling of marijuana or marijuana products in violation of current law, and if the Board issues such notice and order, it may also order the seizure of such marijuana or marijuana products. The bill requires the person receiving such notice and order to (a) cease all activities, (b) allow the Board to post a copy of such notice and order to the front window, door, or exterior wall of the location where such unlicensed activity is occurring, and (c) post one or more warning stickers at or near the front door or other opening to such location where customers enter from the street advising the public that the business is ordered to stop the unlawful activity and of the public health and safety concerns relating to illicit marijuana and marijuana products. Any person who intentionally removes such notice and order or sticker without authorization of the Board is subject to a civil penalty prescribed by the Board, not to exceed $5,000.

1/13/2026 Senate: Reported from S-Rehabilitation and Social Services committee and rereferred to Finance and Appropriations (15‑Y 0‑N)