Marijuana-related legislation in the 2024 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 2024 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 NORML, now streaming on Facebook, Instagram, 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:
| 9 | SUCCEEDED Bill passed both chambers by vote and has been sent to the Governor for action | |
| 3 | SIGNED Bill has been signed by the Governor and will become law | |
| 2 | INCORPORATED Bill was incorporated into other similar and preferential bill | |
| 1 | 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 | |
| 1 | FAILED TO PASS Bill was not heard by the House or Senate or otherwise failed to advance | |
| 2 | LEFT IN COMMITTEE Bill was not heard by the Committee or otherwise failed to advance | |
| 5 | VETOED Governor has vetoed the bill | |
| 0 | IN CONFERENCE Bill is in a committee of Senate and House members to reconcile a final version for approval | |
| 0 | AMENDMENTS Governor has proposed amendments to be considered by the General Assembly on 4/12/23 | |
| 0 | WITHDRAWN/STRICKEN Bill patron withdrew the bill |
Adult-use
VETOED: HB 698 Cannabis control; retail market; penalties.
Chief patron: Del Paul Krizek (D)
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 July 1, 2025; however, the bill allows certain pharmaceutical processors to begin operations on July 1, 2024, and allows a limited number of other licensees to begin operations on January 1, 2025.
04/17/24 House: House sustained Governor's veto
INCORPORATED: SB 423 Cannabis control; retail market; penalties.
Chief patron: Sen Adam Ebbin (D)
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 July 1, 2025; however, the bill allows certain pharmaceutical processors to begin operations on July 1, 2024, and allows a limited number of other licensees to begin operations on January 1, 2025.
01/26/24 Senate: Incorporated by Rehabilitation and Social Services (SB448-Rouse) (12-Y 0-N)
VETOED: SB 448 Cannabis control; retail market; penalties.
Chief patron: Sen Aaron Rouse (D)
Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025.
Criminalization
LEFT IN COMMITTEE: HB 448 Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty.
Chief patron: Del Chris Obenshain (R)
Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. Establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.004 milligrams of delta-9-tetrahydrocannabinol per liter of blood.
02/13/24 House: Left in Courts of Justice
LEFT IN COMMITTEE: HB 1102 Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty.
Chief patron: Del Wendell Walker (R)
Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. Establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.003 milligrams of delta-9-tetrahydrocannabinol per liter of blood.
02/13/24 House: Left in Courts of Justice
Employment
SIGNED: HB 149 Employee protections; medicinal use of cannabis oil.
Chief patron: Del Dan Helmer (D)
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 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, by specifying that such use must conform to the laws of the Commonwealth and that such protections extend to the employees of the Commonwealth and other public bodies.
04/08/24 Governor: Approved by Governor-Chapter 632 (effective 7/1/24)
SIGNED: SB 391 Employee protections; medicinal use of cannabis oil.
Chief patron: Sen Stella Pekarsky (D)
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 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, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.
04/08/24 Governor: Approved by Governor-Chapter 674 (effective 7/1/24)
INCORPORATED: SB 529 Employee protections; medicinal use of cannabis oil.
Chief patron: Sen Emily Jordan (R)
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 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, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.
01/19/24 Senate: Incorporated by Rehabilitation and Social Services (SB391-Pekarsky) (11-Y 0-N)
Medical
SIGNED: HB 815 Medical cannabis program; product expiration; confidentiality; penalty.
Chief patron: Del Mike Cherry (R)
Medical cannabis program; product expiration; confidentiality; penalty. Increases from six months to 12 months the maximum expiration date allowable for a cannabis product after registration absent stability testing. The bill allows pharmaceutical processors to employ as pharmacy technician trainees individuals who have less than one year of experience and allows pharmaceutical processors to employ persons with less than one year of experience to perform certain other supervised duties for which current law requires two years of experience. The bill also provides for the confidentiality of certain records and other information of the Board of Directors of the Virginia Cannabis Control Authority, including the exemption of certain information from the mandatory disclosure provisions of the Virginia Freedom of Information Act.
04/08/24 Governor: Approved by Governor-Chapter 732 (effective 7/1/24)
Parental Rights
VETOED: HB 833 Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.
Chief patron: Del Rae Cousins (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.
04/17/24 House: House sustained Governor's veto
VETOED: SB 115 Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.
Chief patron: Sen Louise Lucas (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.
04/17/24 Senate: Passed by for the day
Sentencing
FAILED: HB 179 Imprisonment; consecutive terms.
Chief patron: Del Debra Gardner (D)
Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.
02/13/24 House: Failed to pass in House
VETOED: SB 696 Marijuana related offenses; modification of sentence.
Chief patron: Sen Angelia Williams Graves (D)
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, 2024, 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, 2024, 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, 2026. The provisions of this bill sunset on July 1, 2027.
Resolutions
CONTINUED: HJ 63 Study; Virginia Cannabis Control Authority; creation of a retail cannabis market; report.
Chief patron: Del Terry Kilgore (R)
Study; Virginia Cannabis Control Authority; creation of a retail cannabis market; report. Requests the Virginia Cannabis Control Authority to study the creation of a retail cannabis market in the Commonwealth and draft regulations governing the indoor cultivation, processing, manufacturing, testing, packaging, labeling, distribution, sale, and delivery of cannabis. The resolution requires that such regulations include (i) appropriate application and license fees; (ii) reasonable restrictions on cannabis advertising; (iii) restrictions on product size and potency; (iv) transaction limits; (v) comprehensive enforcement mechanisms; (vi) provisions regarding tax collection and revenue allocation; (vii) provisions regarding participation in the retail marijuana market by persons in socioeconomically disadvantaged communities; and (viii) any other restrictions or requirements necessary to protect public health and safety, prevent diversion, and enforce regulated sales. The resolution requires the Authority to include certain persons in its study and to submit its executive summaries and reports to the General Assembly by the first day of the 2026 Session of the General Assembly.
01/29/24 House: Subcommittee recommends continuing to 2025 by voice vote
SUCCEEDED: SJ 32 Governor; confirming appointments.
Chief patron: Sen Aaron Rouse (D)
Confirming Governor's appointments; August 1. Confirms appointments of certain persons made by Governor Glenn Youngkin and communicated to the General Assembly August 1, 2023. Board of Directors of the Virginia Cannabis Control Authority: Anthony D. Williams of Virginia Beach, Virginia, Member, appointed July 1, 2023, for a term of five years beginning July 1, 2023, and ending June 30, 2028, to succeed Rasheeda Creighton.
Marijuana-related legislation in the 2023 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 2023 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:
| 0 | CONTINUED Bill will be taken up in the same Committee in the following year, but is done for this session | |
| 12 | DEFEATED Bill was defeated by vote and will not pass this session | |
| 1 | INCORPORATED Bill was incorporated into other similar and preferential bill | |
| 4 | LEFT IN COMMITTEE Bill was not heard by the Committee or otherwise failed to advance | |
| 0 | SUCCEEDED Bill passed both chambers by vote and has been sent to the Governor for action | |
| 2 | WITHDRAWN/STRICKEN 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 | |
| 13 | SIGNED Bill has been signed by the Governor and will become law | |
| 0 | AMENDMENTS Governor has proposed amendments to be considered by the General Assembly on 4/12/23 |
Adult-use
DEFEATED: HB 1464 Cannabis control; retail market; transitional sales; penalties.
Chief patron: Del Keith Hodges (R)
Cannabis control; retail market; transitional sales; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024. The bill allows, beginning July 1, 2023, certain pharmaceutical and industrial hemp processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older.
01/31/23 House: Committee on General Laws votes to lay the bill on the table
Virginia NORML notes: This is a skinny bill similar to those filed in 2022 permitting adults 21+ to shop at existing medical dispensaries without certification beginning July 1, 2023 and contains provisions for the licensure of new cannabis companies.
DEFEATED: HB 1750 Cannabis control; retail market; transitional sales; penalties.
Chief patron: Del Michael Webert (R)
Cannabis control; retail market; transitional sales; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on January 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025.
01/31/23 House: Committee on General Laws votes to lay the bill on the table
Virginia NORML notes: This bill is similar to the one filed by Del Webert in 2022 and seeks to license adult-use cannabis retailers beginning 1/1/24 with sales beginning no sooner than 1/1/25.
LEFT IN COMMITTEE: HB 1881 Virginia Cannabis Control Authority; limits powers of Boards of Directors.
Chief patron: Del Nick Freitas (R)
Virginia Cannabis Control Authority; Board of Directors; powers and duties; limitations. Imposes limits on the powers of the Board of Directors of the Virginia Cannabis Control Authority by prohibiting the Board from granting, suspending, or revoking licenses for the cultivation, manufacture, distribution, sale, or testing of marijuana and marijuana products in a manner that allows for the creation of a monopoly or otherwise lessens competition in the marijuana industry in the Commonwealth. The bill also provides that all citizens of the Commonwealth shall have equal access to apply to the Board for any such license and prohibits the Board from setting the fee for such license in excess of $1,000.
02/22/23 Senate: Left in Rehabilitation and Social Services
Virginia NORML notes: This bill was amended to refer only to industrial hemp.
DEFEATED: SB 1133 Cannabis control; retail market; transitional sales; regulated hemp products; penalties.
Chief patron: Sen Adam Ebbin (D)
Cannabis control; retail market; transitional sales; regulated hemp products; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, and allows, beginning July 1, 2023, certain pharmaceutical processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. The bill transitions from the Virginia Department of Agriculture and Consumer Services to the Authority the authority to regulate the testing, labeling, packaging, and advertising of regulated hemp products, as defined in the bill.
02/14/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
Virginia NORML notes: This bill is similar to the one filed by Sen Ebbin in 2022 and seeks to license adult-use cannabis retailers beginning 7/1/24 with adult-use sales beginning at existing medical dispensaries beginning 7/1/23.
DEFEATED: SB 1366 Virginia Cannabis Incubator Project.
Chief patrons: Sen Jennifer McClellan (D) Sen Barbara Favola (D)
Virginia Cannabis Incubator Project. Establishes a framework for the creation of the Virginia Cannabis Incubator Project in the Commonwealth. The bill creates a regulatory structure for such Incubator Project to be administered by the Virginia Cannabis Control Authority. The bill has a delayed effective date pending legalization of the manufacture, sale, and distribution of cannabis in the Commonwealth.
02/14/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
Virginia NORML notes: This bill requires substantial technical amendments.
Advertising
SIGNED: HB 2428 Marijuana; advertising restrictions, penalties.
Chief patron: Del Tony Wilt (R)
Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana or marijuana products other than those that may be legally sold or to engage in advertising activities in violation of the provisions of the Cannabis Control Act or regulations of the Board of Directors of the Virginia Cannabis Control Authority. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.
03/27/23 Governor: Approved by Governor-Chapter 711 (effective 7/1/23)
SIGNED: SB 1233 Marijuana; advertising restrictions; penalties.
Chief patron: Sen Mark Obenshain (R)
Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana or marijuana products other than those that may be legally sold or to engage in advertising activities in violation of the provisions of the Cannabis Control Act or regulations of the Board of Directors of the Virginia Cannabis Control Authority. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.
03/27/23 Governor: Approved by Governor-Chapter 711 (effective 7/1/23)
Budget
ENACTED: HB 1400 Budget Bill
Chief patron: Del Barry Knight (R)
Item 397 Cannabis Regulation and Enforcement (30800) Out of the amounts appropriated in this item, $8,200,000 the first year and $11,200,000 the second year from the general fund is provided for the startup and general operations of the Virginia Cannabis Control Authority. Included in these amounts, $3,000,000 the second year from the general fund is provided for low-interest and zero-interest loans to assist applicants and licensees, to be distributed by the Authority consistent with existing law.
Item 397 #1h Adjust Cannabis Control Authority Base Budget This amendment reduces the appropriation provided to the Cannabis Control Authority by $5.2 million from the general fund the first year and $8.2 million from the general fund the second year to reflect anticipated agency activities and expenditures in the 2022-24 Biennium.
04/12/23 House: Enacted, Chapter 769 (effective 4/12/23)
LEFT IN COMMITTEE: SB 800 Budget Bill
Chief patron: Sen Janet Howell (D) Sen George Barker (D)
Item 397 Cannabis Regulation and Enforcement (30800) Out of the amounts appropriated in this item, $8,200,000 the first year and $11,200,000 the second year from the general fund is provided for the startup and general operations of the Virginia Cannabis Control Authority. Included in these amounts, $3,000,000 the second year from the general fund is provided for low-interest and zero-interest loans to assist applicants and licensees, to be distributed by the Authority consistent with existing law.
Item 397 #1s Operational Costs Cannabis Retail Sales This amendment provides $6.0 million NGF the second year and 28 positions for the Cannabis Control Authority to implement the regulatory structure for legal cannabis sales in the Commonwealth. The Cannabis Control Authority has the authority to collect fees from pharmaceutical processors to cover operations.
02/22/23 House: Left in Appropriations
Virginia NORML notes: The amended budget increases necessary funding for the Cannabis Control Authority.
Consumer Safety
DEFEATED: HB 1973 Tetrahydrocannabinol; industrial hemp, regulated hemp products.
Chief patron: Del Jay Leftwich (R)
Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill.
02/07/23 House: Passed by for the day
Virginia NORML notes: This bill intends to enact consumer protection mechanisms for currently unregulated cannabinoid products, introduced by Del Leftwich on behalf of the Youngkin Administration. However, the bill fails adequately capture all intoxicating cannabinoids and maintains the existing loopholes permitting the sale of intoxicating products. Virginia NORML has recommended technical amendments. This bill was defeated by adjournment of the House.
SIGNED: HB 2294 Marijuana; tetrahydrocannabinol; hemp products; civil penalty.
Chief patron: Del Terry Kilgore
Marijuana; tetrahydrocannabinol; hemp products; civil penalty. Modifies the definition of "marijuana" in drug laws, the Cannabis Control Act, and the Drug Control Act to (i) include any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than one milligram of tetrahydrocannabinol per 100 grams of total product weight and (ii) exclude certain hemp products. The bill defines "tetrahydrocannabinol" to include any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers, and removes references in the Code to delta-9 tetrahydrocannabinol. The bill directs the Board of Agriculture and Consumer Services to adopt regulations that require hemp products not intended for human consumption, orally or by inhalation, to include a bittering agent that renders the products unpalatable. The bill creates a $5,000 civil penalty for persons that willfully commit a second or subsequent violation of certain provisions of the Virginia Consumer Protection Act related to products containing tetrahydrocannabinol.
04/12/23 Governor: Approved by Governor-Chapter 794 (effective - see bill)
SIGNED: SB 903 Tetrahydrocannabinol; industrial hemp, regulated hemp products.
Chief patron: Sen Emmett Hanger (R)
Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill.
04/12/23 Governor: Approved by Governor-Chapter 744 (effective 7/1/23)
DEFEATED: SB 1393 Hemp products; license and label requirements.
Chief patron: Sen Lynwood Lewis (D)
Hemp products; license and label requirements. Requires the Board of Agriculture and Consumer Services to adopt certain regulations relating to industrial hemp and industrial hemp extracts intended for inhalation, as defined in the bill, that include labeling requirements, batch testing requirements, and tolerances for contaminants of such products. The bill requires any manufacturer of a hemp product, wholesale supplier that sells hemp products, or retail establishment that sells hemp products to register with the Board and pay an annual fee for a license to sell such products and also requires hemp products sold or offered for sale to have certain information included on the label. The bill updates the definition of industrial hemp to match the definition in federal law.
02/02/23 Senate: Passed by indefinitely in Finance and Appropriations (15-Y 1-N)
Virginia NORML notes: This bill attempts to regulate industrial hemp products intended for inhalation but fails to provide any meaningful consumer safety measures.
Criminalization
INCORPORATED: HB 1445 Issuing citations; certain traffic offenses and odor of marijuana, exclusion of evidence.
Chief patron: Del Scott Wyatt (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.
01/23/23 House: Incorporated by Courts of Justice (HB1380-Campbell, R.R.) by voice vote
Virginia NORML notes: HB1445 has been incorporated into HB1380 which does not authorize 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. Thus, this bill is no longer an issue for Virginia NORML. HB1390 is not likely to advance in the Senate.
DEFEATED: HB 1922 Delta-8 tetrahydrocannabinol; distribution; penalty.
Chief patron: Del John McGuire (R)
Delta-8 tetrahydrocannabinol; distribution; penalty. Makes it a Class 1 misdemeanor to sell, give, distribute, or possess with intent to sell, give, or distribute delta-8 tetrahydrocannabinol, except as authorized in the Drug Control Act. The bill directs the Department of Forensic Science to determine the proper methods for detecting delta-8 tetrahydrocannabinol in substances.
02/03/23 House: Failed to report (defeated) in Courts of Justice (10-Y 10-N)
Virginia NORML notes: This bill would enact criminal penalties for the sale of delta-8 THC products, but does not extend such penalties to the myriad of other synthesized cannabinoid products available in the Commonwealth. NORML's preferred policy position for such products is regulation, not criminalization.
DEFEATED: HB 2384 Marijuana; search and seizure; driving or operating a motor vehicle, etc., while intoxicated.
Chief patron: Del Les Adams
Marijuana; search and seizure; driving or operating a motor vehicle, etc., while intoxicated; marijuana presumption; saliva drug screening. Removes certain offenses, described in the bill, from the prohibition of searches without a search warrant for the odor of marijuana and establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.003 milligrams of delta-9-tetrahydrocannabinol per liter of blood. The bill establishes a process for preliminary analysis of a person's saliva to screen for the presence of drugs in the saliva, similar to the process utilized for a person's blood alcohol content.
02/13/23 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
Virginia NORML notes: This bill would criminalize most anyone who consumes a cannabis product and drives, whether intoxicated or not. Proposed per se thresholds for THC are not evidence-based and may result in inadvertently criminalizing adults who previously consumed cannabis several days earlier but are no longer under the influence. Upon further review, this bill appears to establish a zero-tolerance standard. This legislation was introduced at the request of the Virginia Association of Commonwealth's Attorneys (VACA), which spoke in support of the bill on 1/23/23 in House Courts of Justice Subcommittee 1.
A 2019 report issued by the Congressional Research Service similarly concluded: “Research studies have been unable to consistently correlate levels of marijuana consumption, or THC in a person’s body, and levels of impairment. Thus, some researchers, and the National Highway Traffic Safety Administration, have observed that using a measure of THC as evidence of a driver’s impairment is not supported by scientific evidence to date.”
Reports by both AAA and the US National Highway Traffic Safety Administration also reject the use of per se thresholds as predictors of cannabis-induced driver impairment. (AAA testified in opposition to this bill on 1/23/23 in House Courts of Justice Subcommittee 1).
The study, “The failings of per se limits to detect cannabis-induced driving impairment: Results from a simulated driving study,” appears in Traffic Injury Prevention (2021). Further information is available from the NORML Fact Sheet, Marijuana and Psychomotor Performance.
This bill would also repeal the prohibition on using marijuana odor as the sole reason to stop, search, or seize a person, place, or thing.
Employment
DEFEATED: HB 1873 Employee protections; medicinal use of cannabis oil.
Chief patron: Del Dan Helmer (D)
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 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, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.
02/07/23 House: Left in Commerce and Energy
Virginia NORML notes: This bill has a drafting error. Virginia NORML has reviewed the substitute and supports the bill with amendments, which would specifically extend employment protections to state and municipal employees.
Expungement
SIGNED: HB 2400 Criminal records; expungement and sealing of records.
Chief patron: Del Charniele Herring (D)
Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.
The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record.
The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. This bill is a recommendation of the Virginia State Crime Commission.
03/26/23 Governor: Approved by Governor-Chapter 554 (effective - see bill)
Virginia NORML notes: This is a technical clean-up bill at the request of the Virginia Crime Commission.
SIGNED: SB 1402 Criminal records; expungement and sealing of records.
Chief patron: Sen Scott Surovell (D)
Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.
The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record.
The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. This bill is a recommendation of the Virginia State Crime Commission.
03/26/23 Governor: Approved by Governor-Chapter 554 (effective - see bill)
Virginia NORML notes: This is a technical clean-up bill at the request of the Virginia Crime Commission.
Medical
SIGNED: HB 1598 Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority.
Chief patron: Del Roxanne Robinson (R)
Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority.
04/12/23 Governor: Approved by Governor-Chapter 773 (effective - see bill)
SIGNED: HB 1846 Medical marijuana program; product, registration, dispensing, and recordkeeping requirements.
Chief patron: Del Chris Head (R)
Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Allows pharmacists who are employed by a pharmaceutical processor or cannabis dispensing facility to issue written certificates for cannabis products if the pharmacist (i) is acting as the agent of a practitioner, (ii) is acting pursuant to policies established by a practitioner who has contracted with a pharmaceutical processor or cannabis dispensing facility to serve as the medical director of such pharmaceutical processor or cannabis dispensing facility, and (iii) has verified the patient's diagnosis with a practitioner with whom the patient has a bona fide practitioner-patient relationship. The bill amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, expiration dates, allowable deviations, dispensing, packing, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations.
04/12/23 Governor: Approved by Governor-Chapter 780 (effective 7/1/23)
SIGNED: HB 2368 Medical marijuana program; product requirements; certifications; reporting.
Chief patron: Del Dawn Adams (D)
Medical marijuana program; product requirements; certifications; reporting. Requires cannabis product and botanical cannabis labels to be complete, accurate, easily discernable, and uniform among different products and brands and that each label, which shall be included on the product and on the pharmaceutical processor's website, include (i) the product name, (ii) all active and inactive ingredients, (iii) the total percentage and milligrams of tetrahydrocannabinol and cannabidiol included in the product and the number of milligrams of tetrahydrocannabinol and cannabidiol in each serving, (iv) the amount of product that constitutes a single serving and the amount recommended for use by the practitioner or dispensing pharmacist, (v) information regarding the product's purpose and detailed usage directions, and (vi) child and safety warnings in a conspicuous font. The bill also requires that no less than 50 percent of all cannabis products offered for sale by a pharmaceutical processor or cannabis dispensing facility (a) contain cannabidiol as its primary cannabinoid and (b) have low levels of or no tetrahydrocannabinol. The bill provides that a patient's registered agent shall not be required to register with the Board of Pharmacy when such registered agent is listed on the patient's written certification pursuant to the patient's request and in the discretion of the practitioner based on medical need. The bill also requires that, in the case of cannabis products, the Prescription Monitoring Program include only the information specified in law, which is amended by the bill.
04/12/23 Governor: Approved by Governor-Chapter 799 (effective 7/1/23)
WITHDRAWN: HB 2369 Medical marijuana program; dispensaries.
Chief patron: Del Dawn Adams (D)
Medical marijuana program; dispensaries. Removes the requirement that a cannabis dispensing facility be owned, at least in part, by a pharmaceutical processor and increases from five to 12 the number of cannabis dispensing facility permits the Board of Pharmacy may issue per year in each health service area.
02/02/23 House: HWI sub: Subcommittee #3
Virginia NORML notes: This bill would increase from 5 to 12 the number of medical cannabis dispensing facilities (retail only) allowed in each Health Service Area. The Delegate withdrew the bill
SIGNED: SB 788 Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority.
Chief patron: Sen Barbara Favola (D)
Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority.
04/12/23 Governor: Approved by Governor-Chapter 740 (effective - see bill)
LEFT IN COMMITTEE: SB 1090 Board of Pharmacy; permit to operate pharmaceutical processor or cannabis dispensing facility.
Chief patron: Sen Adam Ebbin (D)
Board of Pharmacy; permit to operate pharmaceutical processor or cannabis dispensing facility. Increases the limit on the number of permits that the Board of Pharmacy (the Board) may issue or renew in any year from one to two pharmaceutical processors for each health service area established by the Board of Health. The bill also allows the Board to issue or renew permits in any year for up to five cannabis dispensing facilities per pharmaceutical processor for each health service area. Under current law, the Board may issue up to five cannabis dispensing facilities for each health service area. With the exception of pharmaceutical processors permitted prior to July 1, 2023, the bill prohibits a pharmaceutical processor from receiving more than one permit from the Board.
02/22/23 House: Left in Health, Welfare and Institutions
Virginia NORML notes: As amended by Sen McPike, this bill would restrict the issuing of medical cannabis permits only applicants which are owned at least 50% by hemp processors or growers that have registered with the VDACS prior to January 1, 2020, satisfied all background check and other security clearance requirements prior to December 31, 2022, have no less than $1 million in liquid or nonliquid assets, and have submitted planting and propagation reports for 5,000 square feet or more of hemp cultivation or processed an equivalent amount of hemp.
SIGNED: SB 1337 Medical marijuana program; product, registration, dispensing, and recordkeeping requirements.
Chief patron: Sen Siobhan Dunnavant (R)
Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Allows pharmacists who are employed by a pharmaceutical processor or cannabis dispensing facility to issue written certificates for cannabis products if the pharmacist (i) is acting as the agent of a practitioner, (ii) is acting pursuant to policies established by a practitioner who has contracted with a pharmaceutical processor or cannabis dispensing facility to serve as the medical director of such pharmaceutical processor or cannabis dispensing facility, and (iii) has verified the patient's diagnosis with a practitioner with whom the patient has a bona fide practitioner-patient relationship. The bill amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related torecordkeeping, product registration, expiration dates, allowable deviations, dispensing, packing, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations.
04/12/23 Governor: Approved by Governor-Chapter 760 (effective 7/1/23)
SIGNED: SB 1533 Medical marijuana program; additional cultivation facility.
Chief patron: Sen Creigh Deeds (D)
Medical marijuana program; additional cultivation facility. Allows each pharmaceutical processor that has obtained a permit to operate a pharmaceutical processing facility from the Board of Pharmacy to establish one additional location for the cultivation of cannabis plants, which must be located within the same health service area as the pharmaceutical processing facility.
05/12/23 Governor: Approved by Governor-Chapter 812 (effective 7/1/23)
Parental Rights
STRICKEN: HJ 526 Study; Department of Social Services; marijuana possession or use as justification for removal.
Chief patron: Del Jeff Bourne (D)
Child abuse and neglect; custody and visitation; possession or use of marijuana. 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 solely 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 marijuana in accordance with applicable law. 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.
01/16/23 House: Stricken from House calendar
Virginia NORML notes: The patron withdrew the bill and it was stricken from the calendar.
DEFEATED: SB 1214 Child abuse and neglect; custody and visitation; possession or use of marijuana.
Chief patron: Sen Louise Lucas (D)
Child abuse and neglect; custody and visitation; possession or use of marijuana. 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 solely 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 marijuana in accordance with applicable law. 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.
02/13/23 House: Subcommittee failed to recommend reporting (3-Y 4-N)
Virginia NORML notes: Virginia NORML has provided amendments to this bill to include medical cannabis. With amendments accepted, Virgina NORML supports the bill.
Sentencing
DEFEATED: SB 1523 Marijuana related offenses; modification of sentence.
Chief patron: Sen Louise Lucas (D)
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, 2022, who remain incarcerated or on community supervision on July 1, 2023, 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, 2022, who remain incarcerated or on community supervision on July 1, 2023, 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, 2025. The provisions of this bill sunset on July 1, 2026.
02/17/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
Virginia NORML notes: Virginia NORML supports the bill.
Taxation
LEFT IN COMMITTEE: HB 1547 Cannabis; deconforms from federal law. licensees.
Chief patron: Del Jeffrey Campbell (R)
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 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.
02/07/23 House: Left in Appropriations
Virginia NORML notes: This bill would allow medical and future adult-use cannabis businesses licensed in Virginia to utilize tax deductions for ordinary and necessary expenditures. As this would reduce overall costs, thus providing potential to reduce costs for consumers. Virginia NORML has provided technical amendments.
SIGNED: HB 1563 Sales and use tax; agricultural exemptions.
Chief patron: Del Buddy Fowler (R)
Sales and use tax; agricultural exemptions. Provides a sales and use tax exemption for property used to produce agricultural products for market in an indoor, closed, controlled-environment commercial agricultural facility. The property exempted includes (i) internal structural components required to create the necessary growing environment for plants, including watering systems, towers for growing plants, and lighting and air systems, and (ii) transparent elements of external structural components of such facilities, including windows, walls, and roofs, that allow sunlight in for the commercial production of agricultural products. The exemption shall not apply to property used in producing cannabis.
03/26/23 Governor: Approved by Governor-Chapter 516 (effective 7/1/23)
DEFEATED: SB 1095 Cannabis; deconforms from federal law. licensees.
Chief patron: Sen Adam Ebbin (D)
Conformity with the Internal Revenue Code; cannabis licensees. Deconforms from federal law, as it applies to Virginia medical and recreational cannabis licensees, for the prohibition on a deduction 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.
02/17/23 House: Subcommittee recommends laying on the table (4-Y 2-N)
Virginia NORML notes: This bill would allow medical cannabis businesses licensed in Virginia to utilize tax deductions for ordinary and necessary expenditures. As this would reduce overall costs, thus providing potential to reduce costs for consumers. Virginia NORML has provided technical amendments.
Senate Kills Governor’s Recriminalization Amendment, Bill Addressing Synthetically Derived Marijuana Products
Republican Gov. Glen Youngkin’s recent attempt to recriminalize activities involving the possession of two ounces of marijuana by adults via the enactment of an amendment to SB 591 has been defeated for the session. That effort failed on Wednesday with lawmakers’ refusal to advance the bill it was added to, SB 591.
Legislators voted to re-refer SB 591 to the Senate Rehabilitation and Social Services committee. With the 2022 legislative session having already ended, this vote effectively ends any further discussion on the legislation this year.
Read moreMarijuana-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 | |
| 2 | 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
Marijuana-related legislation in the 2021 Virginia General Assembly Session
Click the bill title for the complete text and additional information.
Questions? Contact Virginia NORML at [email protected] or 804-464-7050 M-F 9-6.
Motions on bills
Lay the bill on the table Suspends debate of the bill. It can be recalled from the table later, but this rarely happens.
Pass the bill by indefinitely Ends debate of the bill. The bill has been killed and is dead for the session.
Report the bill Sends the bill to the House or Senate for a floor vote.
Refer or Rerefer Sends the bill to a Committee or Subcommittee.
Final Outcomes for Bills
| 0 | CONTINUED Bill will be taken up in the same Committee in the following year, but is done for this session | |
| 0 | DEFEATED Bill was defeated by vote and will not pass this session | |
| 4 | INCORPORATED Bill was incorporated into other similar and preferential bill | |
| 1 | LEFT IN COMMITTEE Bill was not heard by the Committee | |
| 8 | 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 |
Expungement
SUCCEEDED: HB 2113 Criminal records; establishes a process for automatic expungement, etc., report.
Chief patron: Del Charniele Herring D-46
Automatic expungement of criminal records; penalties. Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission.
04/07/21 House: House concurred in Governor's recommendation (60-Y 40-N)
INCORPORATED: SB 1283 Automatic expungement of criminal records.
Chief patron: Sen Joe Morrissey D-16
Automatic expungement of criminal records. Establishes a process for the automatic expungement of criminal records for misdemeanors, certain felony convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill.
02/01/21 Senate: Incorporated by Judiciary (13-Y 0-N) (SB1339-Surovell)
INCORPORATED: SB 1372 Criminal records; establishes a process for automatic expungement for certain convictions, report.
Chief patron: Sen Lousie Lucas D-18
Automatic expungement of criminal records. Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill.
02/01/21 Senate: Incorporated by Judiciary (14-Y 0-N) (SB1339-Surovell)
SUCCEEDED: SB 1339 Police and court records; expungement and sealing of records, Expungement Fee Fund created.
Chief patron: Sen Scott Surovell D-36
Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the 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.
The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel.
The bill requires a business screening service, which is a business that conducts criminal history records searches, must register with the Department of State Police to receive expungement orders and must follow reasonable procedures to ensure it maintains accurate information. The bill directs the Attorney General to enforce these requirements, authorizing it to file suit for damages and a civil penalty of up to $2,500.
With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill. The provisions of the bill are contingent on funding in a general appropriation act. This bill incorporates SB 1283 and SB 1372.
04/07/21 Senate: Senate concurred in Governor's recommendation (22-Y 18-N)
Legalization
INCORPORATED: HB 1815 Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
Chief patron: Del Steve Heretick D-79
Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties. 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 also grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances. 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. Finally, the bill establishes several new criminal penalties related to marijuana, as well as modifies some existing criminal penalties.
01/26/21 House: Subcommittee recommends incorporating (HB2312-Herring) by voice vote
SUCCEEDED: HB 2312 Marijuana; legalization of simple possession; penalties.
Chief patron: Del Charniele Herring D-46
Marijuana; legalization; retail sales; penalties. Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and allows retail marijuana sales to begin on January 1, 2024. This bill incorporates HB 1815. See H. B. 2312 General Laws Substitute PDF text.
04/07/21 House: House concurred in Governor's recommendation (53-Y 44-N 2-A)
LEFT IN COMMITTEE: HB 2315 Local referendum on the legalization of marijuana.
Chief patron: Del Danny Marshall R-14
Local referendum on the legalization of marijuana. Provides that the qualified voters of a locality or supervisor's election district of a county may file a petition with the circuit court of the county or city asking that a referendum be held on the question of whether the legalization of marijuana should be prohibited within that jurisdiction. The petition shall be signed by qualified voters equal in number to at least 10 percent of the number registered in the locality or supervisor's election district on January 1 preceding its filing or at least 100 qualified voters, whichever is greater. The question on the ballot shall be:
"Shall the legalization of marijuana be prohibited in __________ (name of locality or supervisor's election district of county)?"
The referendum shall be ordered and held and the results certified, and thereupon the court shall enter of record an order certified by the clerk of the court to be transmitted to the governing body of the locality. Notwithstanding any other provision of law, the legalization of marijuana shall be prohibited within the locality or supervisor's election district of a county on or after 30 days following the entry of the order if a majority of the voters voting in the referendum have voted "Yes." The bill shall become effective on July 1, 2023.
The bill also directs the Department of Housing and Community Development (DHCD) to evaluate the potential retail sale of marijuana products in localities that have not prohibited the legalization of marijuana. DHCD specifically shall study the details of who should be allowed to establish such retail operations, the procedure to be followed by localities, and where the retail establishments shall be permitted. The study shall be conducted between July 1, 2022, and November 30, 2022, with the goal of making recommendations and proposing legislation to the 2023 Session of the General Assembly.
02/05/21 House: Left in Courts of Justice
INCORPORATED: SB 1243 Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties.
Chief patron: Sen Joe Morrissey D-16
Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties. 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 also grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances. 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. The bill establishes several new criminal penalties related to marijuana as well as modifies some existing criminal penalties. The bill requires the automatic expungement of records relating to the arrest, charge, conviction, adjudication or civil offense of a person for a misdemeanor violation of distribution or possession with intent to distribute marijuana and for a violation of possession of marijuana by July 1, 2022, or if, on July 1, 2022, the person who is the subject of the arrest, charge, conviction, adjudication, or civil offense has not completed all terms of sentencing and probation, including satisfaction of all court costs and fines and all orders of restitution, by three months after the date of completion of all terms of sentencing and probation. Finally, the bill permits any person who is convicted or adjudicated delinquent of a felony violation of distribution or possession with intent to distribute marijuana or charged with such violation which charge is deferred and dismissed, to petition for expungement of such charge, conviction, or adjudication under certain circumstances.
01/22/21 Senate: Incorporated by Rehabilitation and Social Services (SB1406-Ebbin) (9-Y 3-N)
SUCCEEDED: SB 1406 Marijuana; legalization of simple possession; penalties.
Chief patrons: Sen Adam Ebbin D-30 and Sen Louise Lucas D-18
Marijuana; legalization; retail sales; penalties. Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and allows retail marijuana sales to begin on January 1, 2024. Certain provisions of the bill do not become effective unless reenacted by the 2022 Session of the General Assembly. This bill incorporates SB 1243. See S. B. 1406 Rehabilitation Substitute PDF text.
04/07/21 Senate: Senate concurred in Governor's recommendation (20-Y 20-N)
04/07/21 Senate: Chair votes Yes
Medical
SUCCEEDED: HB 1862 Employee protections; medicinal use of cannabis oil.
Chief patron: Del Dan Helmer D-40
Employee protections; medicinal use of cannabis oil. Prohibits an employer from discharging, disciplining, or discriminating against an employee for such employee's lawful use of cannabis oil 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. The bill provides that such prohibition does not (i) restrict an employer's ability to take any adverse employment action for any work impairment caused by the use of cannabis oil or to prohibit possession during work hours or (ii) require an employer to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding.
03/25/21 Governor: Approved by Governor-Chapter 395 (effective 7/1/21)
SUCCEEDED: HB 1988 Cannabis oil; processing and dispensing by pharmaceutical processors.
Chief patron: Del Dawn Adams D-68
Board of Pharmacy; pharmaceutical processors; processing and dispensing cannabis oil; report. Effects numerous changes to the processing and dispensing of cannabis oil by pharmaceutical processors in the Commonwealth. The bill allows written certifications for use of cannabis oil to include an electronic practitioner signature. The bill also eliminates the requirement that a pharmacist have oversight of the cultivation and processing areas of a pharmaceutical processor, instead requiring pharmaceutical processors to designate a person to oversee cultivation and production areas; removes the requirement that a cannabis dispensing facility undergo quarterly inspections, instead requiring that inspections occur no more than once annually; and allows pharmaceutical processors to remediate cannabis oil that fails any quality testing standard. The bill requires pharmaceutical processors to maintain evidence of criminal background checks for all employees and delivery agents of the pharmaceutical processor. The bill directs the Board of Pharmacy to promulgate regulations implementing the provisions of the bill and regulations creating reasonable restrictions on advertising and promotion by pharmaceutical processors by July 1, 2021, and directs the Board of Pharmacy to solicit input from stakeholders and appropriate agencies of the Commonwealth in order to develop recommendations for legislative action to permit the acceptance of cannabis products by hospices and hospice facilities in the Commonwealth and report its findings and recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by October 1, 2021.
03/18/21 Governor: Approved by Governor-Chapter 205 (effective 7/1/21)
SUCCEEDED: HB 2218 Pharmaceutical processors; permits processors to produce & distribute cannabis products.
Chief patron: Del Cliff Hayes D-77
Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed $75,000, to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology.
03/18/21 Governor: Approved by Governor-Chapter 227 (effective 7/1/21)
SUCCEEDED: SB 1333 Pharmaceutical processors; permits processors to produce & distribute cannabis products.
Chief patron: Sen Louise Lucas D-18
Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect botanical cannabis regulatory fees to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology.
03/18/21 Governor: Approved by Governor-Chapter 228 (effective 7/1/21)
Marijuana-related legislation in the 2020 Virginia General Assembly Special Session
Click the bill title for the complete text and additional information.
Questions? Contact Virginia NORML at [email protected] or 804-464-7050 M-F 9-6.
Motions on bills
Lay the bill on the table Suspends debate of the bill. It can be recalled from the table later, but this rarely happens.
Pass the bill by indefinitely Ends debate of the bill. The bill has been killed and is dead for the session.
Report the bill Sends the bill to the House or Senate for a floor vote.
Refer or Rerefer Sends the bill to a Committee or Subcommittee.
Final Outcomes for Bills
| 0 | CONTINUED Bill will be taken up in the same Committee in the following year, but is done for this session | |
| 0 | DEFEATED Bill was defeated by vote and will not pass this session | |
| 1 | INCORPORATED Bill was incorporated into other similar and preferential bill | |
| 3 | LEFT IN COMMITTEE Bill was not heard by the Committee | |
| 3 | 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 |
Civil Penalty
SUCCEEDED: HB 5058 Marijuana and certain traffic offenses; issuing citations, etc,
Chief patron: Del Patrick Hope D-47
Chief co-patron: Del Kaye Kory D-38, Del Ibraheem Samirah D-86
House patrons: Del Dawn Adams D-68, Del Hala Ayala D-51, Del Lamont Bagby D-74, Del Jeffrey Bourne D-71, Del Betsy Carr D-69, Del Jennifer Carroll Foy D-2, Del Lee Carter D-50, Del Joshua Cole D-28, Del Wendy Gooditis D-10, Del Elizabeth Guzman D-31, Del Cliff Hayes D-77, Del Dan Helmer D-40, Del Charniele Herring D-46, Del Sally Hudson D-57, Del Clinton Jenkins D-76, Del Mark Keam D-35, Del Mark Levine D-45, Del Joseph Lindsey D-90, Del Alfonzo Lopez D-49, Del Delores McQuinn D-70, Del Kathleen Murphy D-34, Del Kenneth Plum D-36, Del Cia Price D-95, Del Sam Rasoul D-11, Del Don Scott D-80, Del Mark Sickles D-43, Del Shelly Simonds D-94, Del Suhas Subramanyam D-87, Del Vivian Watts D-39, Del Rodney Willet D-73
Senate patrons: Sen Adam Ebbin D-30, Sen Barbara Favola D-31, Sen Janet Howell D-32
Issuing citations; possession of marijuana and certain traffic offenses. Changes from a primary offense to a secondary offense the possession of marijuana and the traffic infractions of operating a motor vehicle (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. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing during a traffic stop solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop is admissible in any trial, hearing, or other proceeding.
11/09/20 Governor: Approved by Governor-Chapter 51 (Per article IV, Section 13, this bill will be effective on the 1st day of the 4th month following the month of adjournment, sine die, of this special session)
Chief patron: Sen Richard Stuart R-28
Senate patrons: Sen Adam Ebbin D-30, Sen Jeremy McPike D-29, Sen Joseph Morrissey D-16
House patron: Del Mark Cole R-88
Possession of marijuana; prepay penalty. Provides that a summons for a violation of possession of marijuana shall contain the option for the person charged to prepay the civil penalty.
10/13/20 Governor: Acts of Assembly Chapter text (CHAP0003)
SUCCEEDED: SB 5029 Marijuana and certain traffic infractions; possession, issuing citations.
Chief patron: Sen Louise Lucas D-18
Senate patrons: Sen Jennifer Boysko D-33, Sen Creigh Deeds D-25, Sen Adam Ebbin D-30, Sen Barbara Favola D-31, Sen Ghazala Hashmi D-10, Sen Janet Howell D-32, Sen Mamie Locke D-2, Sen Jennifer McClellan D-9, Sen Jeremy McPike D-29, Sen Joseph Morrissey D-16, Sen Scott Surovell D-36
House patrons: Del Dawn Adams D-68, Del Lashrecse Aird D-63, Del Hala Ayala D-51, Del Lamont Bagby D-74, Del Jeffrey Bourne D-71, Del Betsy Carr D-69, Del Joshua Cole D-28, Del Mark Cole R-88, Del Cliff Hayes D-77, Del Charniele Herring D-46, Del Patrick Hope D-47, Del Chris Hurst D-12, Del Clinton Jenkins D-76, Del Kaye Kory D-38, Del Delores McQuinn D-70, Del Cia Price D-95, Del Sam Rasoul D-11, Del Ibraheem Samirah D-86, Del Don Scott D-80, Del Shelly Simonds D-94, Del Roslyn Tyler D-75
Issuing citations; possession of marijuana and certain traffic infractions. Changes from primary offenses to secondary offenses the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) without an exhaust system that prevents excessive or unusual levels of noise, (iii) with certain sun-shading materials and tinting films, and (iv) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.
11/09/20 Governor: Approved by Governor-Chapter 51 (Per article IV, Section 13, this bill will be effective on the 1st day of the 4th month following the month of adjournment, sine die, of this special session)
Expungement
LEFT IN COMMITTEE: HB 5146 Criminal Records; automatic expungement for certain convictions, etc.
Chief Patron: Del Charniele Herring D-46
Chief Co-Patrons: Del Joshua Cole D-28, Del Marcus Simon D-53
House patrons: Del Dawn Adams D-68, Del Lamont Bagby D-74, Del Betsy Carr D-69, Del Eileen Filler-Corn D-41, Del Elizabeth Guzman D-31, Del Dan Helmer D-40, Del Patrick Hope D-47, Del Jay Jones D-89, Del Kaye Kory D-38, Del Mark Levine D-45, Del Sam Rasoul D-11, Del Don Scott D-80, Del Shelly Simonds D-94, Del Suhas Subramanyam D-87, Del Kathy Tran D-42, Del Rodney Willet D-73
Senate Patron: Sen Louise Lucas D-18
Automatic expungement of criminal records. Establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, acquittals, and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. This bill is a recommendation of the Virginia State Crime Commission.
10/07/20 House: Conferees appointed by House, Delegates Herring, Mullin, Campbell, J.L.
INCORPORATED: SB 5006 Police and court records; expungement of certain records, pardons.
Chief patron: Sen Thomas Norment R-3
Chief co-patron: Sen David Suetterlein R-19
Senate patron: Sen Joseph Morrissey D-16
House patron: Del Mark Cole R-88
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. 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.
08/20/20 Senate: Incorporated by Judiciary (SB5043-Deeds) (14-Y 0-N)
Chief patron: Sen Creigh Deeds D-25
Incorporated chief co-patrons: Sen Ryan McDougle R-4, Sen Thomas Norment R-3, Sen Mark Peake R-22
Senate patrons: Sen Jennifer Boysko D-33, Sen Adam Ebbin D-30, Sen Barbara Favola D-31, Sen Ghazala Hashmi D-10, Sen Janet Howell D-32, Sen Mamie Locke D-2, Sen Louise Lucas D-18, Sen Jennifer McClellan D-9, Sen Jeremy McPike D-29, Sen Joseph Morrissey D-16, Sen Frank Ruff R-15, Sen David Suetterlein R-19, Sen Scott Surovell D-36
House patron: Del Kaye Kory D-38, Del Rodney Willet D-73
Expungement of police and court records. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also 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.
10/07/20 Senate: Conferees appointed by Senate, Senators Deeds, Lucas, Norment
LEFT IN COMMITTEE: HB 5141 Marijuana; legalizes simple possession, etc.
Chief Patron: Del Jennifer Carroll Foy D-2
Chief Co-Patron: Del Sally L. Hudson D-57
Possession of marijuana. Legalizes simple possession of marijuana. Current law provides a civil penalty of no more than $25 for the simple possession of marijuana. The bill also provides that simple possession of marijuana or its use by a child younger than 18 years of age may constitute conduct that presents a serious threat to the well-being of a child for the purposes of defining a "child in need of services." The bill also prohibits any law-enforcement officer from lawfully searching or seizing any person, place, or thing solely on the basis of the odor of marijuana and states 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. Additionally, the bill allows a person to petition for expungement of convictions, adjudications, and deferred disposition dismissals for marijuana possession when all court costs and fines and orders of restitution have been paid. The bill also removes marijuana paraphernalia from the definition of drug paraphernalia and eliminates the criminal penalty for the sale of or possession with the intent to sell such paraphernalia. The bill contains technical amendments.
08/26/20 House: Referred to Committee for Courts of Justice
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 [email protected] 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 265, HB 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
Marijuana-related Legislation in the 2017 Virginia General Assembly
Marijuana-related bills in the 2017 Virginia General Assembly:
Expungement
SB 796 Police and court records; expungement of certain offenses
Chief Patron: Sen Ryan McDougle-R
Senate Patrons: Rosalyn Dance-D, Jennifer McClellan-D
Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; 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.
Decriminalization
Crime Commission Decriminalization Study Request
Senate Majority Leader Tommy Norment formally submitted to Delegate Rob Bell a request that the Virginia State Crime Commission undertake a study examining a future change to the Code of Virginia regarding criminal penalties related to possession of small amounts of marijuana.
Study request accepted by Virginia State Crime Commission and is currently being executed. Expected completion October 2017.
HB 1906 Marijuana; decriminalization of simple marijuana possession
Chief Patron: Del Steve Heretick-D
Senate Patrons: Sen Kaye Kory-D
House Patrons: Del Lynwood Lewis-D
Decriminalizes marijuana possession and provides a civil penalty of no more than $250 for a first violation and $1,000 for a second 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 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 the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.
SB 908 Marijuana, decriminalization of simple possession
Chief Patron: Sen Louise Lucas-D
Decriminalizes marijuana possession and provides a civil penalty of no more than $250 for a first violation and $1,000 for a second 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 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 the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.
SB 1269 Marijuana; decriminalization of simple marijuana possession
Chief Patron: Sen Adam Ebbin-D
Decriminalizes simple marijuana possession and provides a civil penalty of no more than $100 for a first violation, $250 for a second violation, and $500 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.
Driver's License
HB 2051 Driver’s license; marijuana possession
Chief Patron: Del Les Adams-R
House Patron: Del Matthew Farris-R
Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.
Signed by the Governor 3/24/17; Effective 7/1/17
SB 784 Marijuana offenses, driver’s license forfeiture
Chief Patron: Sen Adam Ebbin-D
Senate Patrons: Sen Bill Stanley-R, Sen Janet Howell-D
House Patrons: Del Mark Levine-D
Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.
SB 1091 Driver’s license; marijuana possession
Chief Patrons: Sen Adam Ebbin-D, Sen Bill Stanley-R
Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.
Signed by the Governor 3/24/17; Effective 7/1/17
Medical Marijuana
HB 1637 Possession or distribution of marijuana for medical purposes; Crohn’s disease
Chief Patron: Del Glenn Davis-R
House Patrons: Del Christopher Peace-R, Del Sam Rasoul-D
Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating Crohn's disease or alleviating such patient's symptoms. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana for the treatment of or for alleviating the symptoms of Crohn's disease.
HB 1799 Cannabidiol; Board of Pharmacy to deschedule or reschedule upon certain publication
Chief Patron: Del John O’Bannon-R
Directs the Board of Pharmacy to initiate action to deschedule or reschedule cannabidiol or any product containing cannabidiol that has been approved as a prescription medication by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 360bb and 21 U.S.C. § 355 within 30 days of publication in the Federal Register of an interim final rule.
Signed by the Governor 3/13/17; Effective 7/1/17
HB 2135 Medical marijuana; written certification
Chief Patron: Del Mark Levine-D
Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating Crohn's disease or alleviating such patient's symptoms. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana for the treatment of or for alleviating the symptoms of cancer.
HJ 578 Study; Jt Commission on Health Care; study of the long-term effects of marijuana use
Chief Patron: Del Robert Marshall-R
House Patrons: Del David Albo-R, Del John Bell-D, Del Dickie Bell-R, Del Jennifer Boysko-D, Del Betsy Carr-R, Del Chris Collins-R, Del Nick Freitas-R, Del Charniele Herring-D, Del Kaye Kory-D, Del Steve Landes-R, Del Dave LaRock-R, Del Scott Lingamfelter-R
Directs the Joint Commission on Health Care to study the long-term effects of marijuana use on individuals and populations. In conducting its one-year study, the Joint Commission shall review scientific studies, including studies of individuals in states that have legalized or decriminalized the use of marijuana for medical or recreational purposes, and other sources to determine the long-term effects of marijuana use on individuals.
SB 831 Marijuana; manufacture or possession, accommodation to another individual, penalty
Chief Patron: Sen Bill DeSteph, Jr. (R)
Provides that a person who proves that he manufactured marijuana or possessed marijuana with the intent to manufacture marijuana only as an accommodation to another individual who is not an inmate in a correctional facility, and without the intent to profit from such manufacture or possession with the intent to manufacture or to induce the recipient or intended recipient of the marijuana to use or become dependent upon marijuana, is guilty of a Class 1 misdemeanor. Currently, manufacturing marijuana or possessing marijuana with the intent to manufacture marijuana is a felony punishable by imprisonment of five to 30 years regardless of the person's intent.
SB 841 Marijuana; possession or distribution for medical purposes, affirmative defense for treatment
Chief Patron: Sen Barbara Favola (D)
Senate Patrons: Sen Lynwood Lewis (D)
House Patrons: Del Kathleen Murphy (D)
Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, human immunodeficiency virus, acquired immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis, multiple sclerosis, Crohn's disease, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.
Chief Patron: Sen David Marsden (D)
Senate Patron: Sen Adam Ebbin (D), Sen Monty Mason (D)
House Patrons: Del Betsy Carr (D), Del James LeMunyon (R), Del Vivian Watts (D)
Authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. The bill sets limits on the number of permits that the Board may issue and requires that the Board adopt regulations establishing health, safety, and security requirements for permitted processors. The bill provides that only a licensed practitioner of medicine or osteopathy who is a neurologist or who specializes in the treatment of epilepsy may issue a written certification to a patient for the use of cannabidiol oil or THC-A oil. The bill also requires that a practitioner who issues a written certification for cannabidiol oil or THC-A oil, the patient issued such certification, and, if the patient is a minor or incapacitated, the patient's parent or legal guardian register with the Board. The bill requires further that a pharmaceutical processor shall not provide cannabidiol oil or THC-A oil to a patient or a patient's parent or legal guardian without first verifying that the patient, the patient's parent or legal guardian if the patient is a minor or incapacitated, and the practitioner who issued the written certification have registered with the Board. Finally, the bill provides an affirmative defense for agents and employees of pharmaceutical processors in a prosecution for the manufacture, possession, or distribution of marijuana. This bill contains an emergency clause.
Signed by the Governor 3/16/17; Effective 3/16/17
Chief Patron: Sen Jill Vogel (R)
Senate Patron: Sen Barbara Favola (D)
Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's disease, nail patella, cachexia or wasting syndrome, multiple sclerosis, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.
Chief Patron: Sen Siobhan Dunnavant (R)
Directs the Board of Pharmacy to initiate action to deschedule or reschedule cannabidiol or any product containing cannabidiol that has been approved as a prescription medication by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 360bb and 21 U.S.C. § 355 within 90 days of publication in the Federal Register of an interim final rule.
Signed by the Governor 3/13/17; Effective 7/1/17
Chief Patron: Sen Louise Lucas (D)
Senate Patron: Sen Adam Ebbin (D)
Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.
Marijuana-related legislation in the 2019 Virginia General Assembly
Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at [email protected] or 804-464-7050 M-F 9-6.
Motions on bills
Lay the bill on the table suspends debate of the bill. It can be recalled from the table later, but this rarely happens
Pass the bill by indefinitely ends debate of the bill. The bill has been killed and is dead for the session.
Report the bill sends the bill to the House or Senate for a floor vote
Refer or Rerefer sends the bill to a Committee or Subcommittee
Final Outcomes for Bills
| 0 | CONTINUED Bill will be taken up in the same Committee in the following year, but is done for this session | |
| 11 | DEFEATED Bill was defeated by vote and will not pass this session | |
| 1 | INCORPORATED Bill was incorporated into other similar and preferential bill | |
| 1 | LEFT IN COMMITTEE Bill was not heard by the Committee | |
| 8 | SUCCEEDED Bill passed both chambers by vote and has been sent to the Governor | |
| 0 | STRICKEN House bill was stricken from the docket and not heard (similar to withdrawn in the Senate) | |
| 0 | WITHDRAWN Senate bill's patron withdrew the bill |
Bills in RED were not passed
Bills in GREY have been incorporated into other bills
Bills in YELLOW have been continued to the following session
Bills in GREEN have passed both the House and Senate and are headed to the Governor
Decriminalization
DEFEATED: SB 997 Marijuana; decriminalization of simple possession, penalty.
Chief patron: Sen Adam Ebbin D-30
Senate patron: Sen Lynwood Lewis D-6
House patrons: Del Kaye Kory D-38, Del Mark Levine D-45
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.
07/16/18 Senate: Prefiled and ordered printed; offered 01/09/19 19100110D
07/16/18 Senate: Referred to Committee for Courts of Justice
01/21/19 Senate: Committee substitute printed to LIS only 19105321D-S1
01/21/19 Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
YEAS to the motion to report the bill to the Senate: Saslaw, Howell, Lucas, Edwards, Deeds, Petersen
NAYS to the motion to report the bill to the Senate: Obenshain, Norment, McDougle, Stuart, Stanley, Reeves, Chafin, Sturtevant, Peake
Virginia NORML supported the passage of SB 997
DEFEATED: HB 2079 Marijuana; decriminalization of simple marijuana possession; penalty.
Chief patron: Del Steve Heretick D-79
Chief co-patrons: Del Kaye Kory D-38, Del Mark Levine D-45
House patrons: Del Lashrecse Aird D-63, Del Patrick Hope D-47, Joseph Lindsey D-90, Marcus Simon D-53
Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes 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. 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 the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.
01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19100101D
01/07/19 House: Referred to Committee for Courts of Justice
01/15/19 House: Assigned Courts sub: Subcommittee #1
01/16/19 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Adams, L.R., Collins, Ransone
NAYS to the motion to pass by indefinitely: Watts, Herring, Mullin
Virginia NORML supported the passage of HB 2079
DEFEATED: HB 2370 Possession and consumption of marijuana; penalty.
Chief patron: Del Charniele Herring D-46
Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $250. 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. But the bill provides that any person who knowingly or intentionally smokes, consumes, or otherwise ingests marijuana in a public place or while driving or operating a motor vehicle, engine, train, watercraft, or motorboat is guilty of a misdemeanor and shall be confined in jail not more than 30 days and fined not more than $500, either or both, and subsequent convictions are punished as a Class 1 misdemeanor. The bill also 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. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.
01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19104173D
01/08/19 House: Referred to Committee for Courts of Justice
01/15/19 House: Assigned Courts sub: Subcommittee #1
01/16/19 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Adams, L.R., Collins, Ransone
NAYS to the motion to pass by indefinitely: Watts, Herring, Mullin
Virginia NORML supported the passage of HB 2370
Driver’s License
SUCCEEDED: HB 1664 Out-of-state conviction of drug offenses; petition for restricted driver's license.
Chief patron: Del Jay Jones D-89
House patron: Del Kaye Kory D-38
Out-of-state conviction of drug offenses; restricted driver's license. Provides that a person convicted of a drug offense in another state may petition the general district court of the county or city in which he resides for a restricted driver's license allowing the petitioner to operate a motor vehicle in the Commonwealth on a restricted basis, provided that no such restricted license shall permit the petitioner to operate a commercial vehicle.
12/03/18 House: Prefiled and ordered printed; offered 01/09/19 19101334D
12/03/18 House: Referred to Committee on Transportation
01/09/19 House: Assigned Transportation sub: Subcommittee #3
01/15/19 House: Subcommittee recommends reporting (7-Y 0-N)
01/17/19 House: Reported from Transportation (22-Y 0-N)
01/17/19 House: Referred to Committee for Courts of Justice
01/22/19 House: Assigned Courts sub: Subcommittee #1
01/25/19 House: Reported from Courts of Justice with substitute (16-Y 0-N)
01/25/19 House: Committee substitute printed 19104871D-H1
01/29/19 House: Read first time
01/30/19 House: Read second time
01/30/19 House: Committee substitute agreed to 19104871D-H1
01/30/19 House: Engrossed by House - committee substitute HB1664H1
01/31/19 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/19 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/19 Senate: Constitutional reading dispensed
02/01/19 Senate: Referred to Committee for Courts of Justice
02/06/19 Senate: Reported from Courts of Justice (14-Y 0-N)
02/08/19 Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19 Senate: Read third time
02/11/19 Senate: Passed Senate (40-Y 0-N)
02/13/19 House: Bill text as passed House and Senate (HB1664ER)
02/13/19 House: Signed by Speaker
02/14/19 Senate: Signed by President
02/15/19 House: Enrolled Bill communicated to Governor on February 15, 2019
02/15/19 Governor: Governor's Action Deadline Midnight, February 22, 2019
02/21/19 Governor: Approved by Governor-Chapter 68 (effective 7/1/19)
Virginia NORML took no position on HB 1664
SUCCEEDED: SB 1181 Out-of-state conviction of drug offenses; petition for restricted driver's license.
Chief patron: Sen Richard Stuart R-28
Incorporated chief co-patron: Sen Scott Surovell D-36
Out-of-state conviction of drug offenses; restricted driver's license. Provides that a person convicted of a drug offense in another state may petition the general district court of the county or city in which he resides for a restricted driver's license allowing the petitioner to operate a motor vehicle in the Commonwealth on a restricted basis, provided that no such restricted license shall permit the petitioner to operate a commercial vehicle.
01/03/19 Senate: Prefiled and ordered printed; offered 01/09/19 19100358D
01/03/19 Senate: Referred to Committee on Transportation
01/16/19 Senate: Committee substitute printed 19105054D-S1
01/16/19 Senate: Incorporates SB1536 (Surovell)
01/16/19 Senate: Reported from Transportation with substitute (11-Y 0-N)
01/18/19 Senate: Constitutional reading dispensed (38-Y 0-N)
01/21/19 Senate: Read second time
01/21/19 Senate: Reading of substitute waived
01/21/19 Senate: Committee substitute agreed to 19105054D-S1
01/21/19 Senate: Engrossed by Senate - committee substitute SB1181S1
01/22/19 Senate: Read third time and passed Senate (40-Y 0-N)
01/24/19 House: Placed on Calendar
01/24/19 House: Read first time
01/24/19 House: Referred to Committee on Transportation
02/07/19 House: Reported from Transportation (22-Y 0-N)
02/08/19 House: Read second time
02/11/19 House: Read third time
02/11/19 House: Passed House BLOCK VOTE (99-Y 0-N)
02/11/19 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/12/19 Senate: Enrolled
02/12/19 Senate: Bill text as passed Senate and House (SB1181ER)
02/12/19 House: Signed by Speaker
02/13/19 Senate: Signed by President
02/14/19 Senate: Enrolled Bill Communicated to Governor on February 14, 2019
02/14/19 Governor: Governor's Action Deadline Midnight, February 21, 2019
02/21/19 Governor: Approved by Governor-Chapter 76 (effective 7/1/19)
Virginia NORML took no position on HB 1664
INCORPORATED: SB 1536 Out-of-state conviction of drug offenses; petition for restricted driver's license.
Chief patron: Sen Scott Surovell D-36
Out-of-state conviction of drug offenses; restricted driver's license. Provides that a person convicted of a drug offense in another state may petition the general district court of the county or city in which he resides for a restricted driver's license allowing the petitioner to operate a motor vehicle in the Commonwealth on a restricted basis, provided that no such restricted license shall permit the petitioner to operate a commercial vehicle.
01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19100741D
01/08/19 Senate: Referred to Committee on Transportation
01/16/19 Senate: Incorporated by Transportation (SB1181-Stuart) (11-Y 0-N)
Virginia NORML took no position on SB 1536
Expungement
DEFEATED: HB 1861 Police & court records; expungement of records relating to misdemeanor/nonviolent felony conviction.
Chief patron: Del Delores McQuinn D-70
House patrons: Del Lashrecse Aird D-63, Del Lamont Bagby D-74, Del Jeffrey Bourne D-71, Del Betsy Carr D-69, Del Mark Cole D-88, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Mark Levine D-45, Del Alfonso Lopez D-49, Del Kenneth Plum D-36, Del Sam Rasoul D-11, Del Debra Rodman D-73, Del Mark Sickles D-43, Del Marcus Simon D-53
Senate patrons: Sen Rosalyn Dance D-16, Sen Mamie Locke D-2, Sen Scott Surovell D-36
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.
01/03/19 House: Prefiled and ordered printed; offered 01/09/19 19102019D
01/03/19 House: Referred to Committee for Courts of Justice
01/22/19 House: Assigned Courts sub: Subcommittee #1
01/23/19 House: Subcommittee recommends passing by indefinitely (7-Y 0-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Adams, L.R., Collins, Ransone, Watts, Herring
Virginia NORML supported the passage of HB 1861
LEFT IN COMMITTEE: HB 2512 Charges and convictions, certain; expungement.
Chief patron: Timothy Hugo R-40
House patron: Del Mark Cole D-88
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been satisfied; and five years have elapsed since the date of completion of all terms of sentencing and probation.
01/09/19 House: Prefiled and ordered printed; offered 01/09/19 19101592D
01/09/19 House: Referred to Committee for Courts of Justice
01/22/19 House: Assigned Courts sub: Subcommittee #1
02/05/19 House: Left in Courts of Justice
Virginia NORML supported the passage of HB 2512
DEFEATED: SB 1380 Charges and convictions, certain; expungement.
Chief patron: Sen Ryan McDougle R-4
Senate patron: Sen Scott Surovell D-36
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; 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. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.
01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19101011D
01/08/19 Senate: Referred to Committee for Courts of Justice
01/28/19 Senate: Reported from Courts of Justice (12-Y 0-N)
01/28/19 Senate: Rereferred to Finance
01/30/19 Senate: Reported from Finance (16-Y 0-N)
01/31/19 Senate: Constitutional reading dispensed (40-Y 0-N)
02/01/19 Senate: Read second time and engrossed
02/04/19 Senate: Read third time and passed Senate (40-Y 0-N)
02/06/19 House: Placed on Calendar
02/06/19 House: Read first time
02/06/19 House: Referred to Committee for Courts of Justice
02/08/19 House: Assigned Courts sub: Subcommittee #1
02/11/19 House: Subcommittee recommends passing by indefinitely (5-Y 2-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Collins, Ransone, Mullin
NAYS to the motion to pass by indefinitely: Watts, Herring
NOT VOTING: Adams, L.R.
Virginia NORML supported the passage of SB 1380
Legalization
DEFEATED: HB 2371 Marijuana; legalization of simple marijuana possession; penalty.
Chief patron: Del Steve Heretick D-79
House patron: Del Kaye Kory D-38
Marijuana; legalization of simple marijuana possession; penalty. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education.
01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19100100D
01/08/19 House: Referred to Committee for Courts of Justice
01/15/19 House: Assigned Courts sub: Subcommittee #1
01/16/19 House: Subcommittee recommends passing by indefinitely (6-Y 2-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Adams, L.R., Collins, Ransone, Watts
NAYS to the motion to pass by indefinitely: Herring, Mullin
Virginia NORML supported the passage of HB 2371
DEFEATED: HB 2373 Marijuana; legalization of simple marijuana possession; penalty.
Chief patron: Del Lee Carter D-50
House patron: Del Kaye Kory D-38
Marijuana; legalization of simple marijuana possession; penalty. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $100 for possession of less than (i) two and one-half ounces of marijuana or (ii) 12 marijuana plants and a civil penalty of no more than $500 for possession of more than (i) two and one-half ounces of marijuana or (ii) 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 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 Highway Maintenance and Operating Fund.
01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19103975D
01/08/19 HHouse: Assigned Courts sub: Subcommittee #1
01/16/19 House: Subcommittee recommends passing by indefinitely (6-Y 2-N)
YEAS to the motion to pass by indefinitely: Gilbert, Bell, Robert B., Adams, L.R., Collins, Ransone, Watts
NAYS to the motion to pass by indefinitely: Herring, Mullin
Virginia NORML supported the passage of HB 2373
Medical Cannabis
SUCCEED: HB 1720 Public elementary & secondary school students; suspension & expulsion, cannabidiol oil & THC-A oil.
Chief patron: Del Chris Hurst D-12
House patrons: Del Dawn Adams D-68, Del Jeffrey Bourne D-71, Del Eileen Filler-Corn D-41, Del Wendy Gooditis D-10, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Mark Levine D-45, Del Delores McQuinn D-70, Del Michael Mullin D-93, Del Kenneth Plum D-36, Del David Reid D-32, Del Marcus Simon D-53
Public elementary and secondary school students; suspension and expulsion; cannabidiol oil and THC-A oil. Permits any student who possesses a valid and unexpired written certification to use cannabidiol oil or THC-A oil that is issued by a licensed practitioner of medicine or osteopathy to possess and use cannabidiol oil or THC-A oil on school property, on a school bus, or at a school-sponsored activity. The bill prohibits a school board from suspending or expelling from school attendance any such student who possesses or uses cannabidiol oil or THC-A oil on school property, on a school bus, or at a school-sponsored activity.
12/17/18 House: Prefiled and ordered printed; offered 01/09/19 19100264D
12/17/18 House: Referred to Committee for Courts of Justice
01/18/19 House: Assigned Courts sub: Subcommittee #1
01/21/19 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/25/19 House: Reported from Courts of Justice with substitute (16-Y 0-N)
01/25/19 House: Committee substitute printed 19105452D-H1
01/29/19 House: Read first time
01/30/19 House: Read second time
01/30/19 House: Committee substitute agreed to 19105452D-H1
01/30/19 House: Engrossed by House - committee substitute HB1720H1
01/31/19 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/19 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/19 Senate: Constitutional reading dispensed
02/01/19 Senate: Referred to Committee for Courts of Justice
02/06/19 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/06/19 Senate: Committee substitute printed 19106546D-S1
02/08/19 Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19 Senate: Read third time
02/11/19 Senate: Reading of substitute waived
02/11/19 Senate: Committee substitute agreed to 19106546D-S1
02/11/19 Senate: Engrossed by Senate - committee substitute HB1720S1
02/11/19 Senate: Passed Senate with substitute (40-Y 0-N)
02/13/19 House: Placed on Calendar
02/13/19 House: Senate substitute agreed to by House 19106546D-S1 (96-Y 0-N)
02/13/19 House: VOTE: ADOPTION (96-Y 0-N)
02/13/19 House: Reconsideration of Senate substitute agreed to by House
02/13/19 House: Passed by for the day
02/14/19 House: Senate substitute rejected by House 19106546D-S1 (0-Y 96-N)
02/14/19 House: VOTE: REJECTED (0-Y 96-N)
02/18/19 Senate: Senate insisted on substitute (40-Y 0-N)
02/18/19 Senate: Senate requested conference committee
02/19/19 House: House acceded to request
02/19/19 House: Conferees appointed by House
02/19/19 House: Delegates: Hurst, Bell, Robert B., Collins
02/20/19 Senate: Conferees appointed by Senate
02/20/19 Senate: Senators: Obenshain, Peake, Edwards
02/21/19 Senate: Conferees reappointed by Senate
02/21/19 Senate: Senators: Sturtevant, Peake, Edwards
02/23/19 Conference: Amended by conference committee
02/23/19 House: Conference substitute printed 19107602D-H2
02/23/19 Senate: Conference report agreed to by Senate (40-Y 0-N)
02/23/19 House: Conference report agreed to by House (99-Y 0-N)
02/23/19 House: VOTE: ADOPTION (99-Y 0-N)
03/07/19 House: Enrolled
03/07/19 House: Bill text as passed House and Senate (HB1720ER)
03/07/19 House: Signed by Speaker
03/09/19 Senate: Signed by President
03/11/19 House: Enrolled Bill communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 573 (effective 7/1/19)
Virginia NORML supported the passage of HB 1720
DEFEATED: HB 2245 Products containing tetrahydrocannabinol; permits to process and dispense cannabidiol oil.
Chief patron: Del Glenn Davis R-84
House patron: Del Christopher Peace R-97
Products containing tetrahydrocannabinol; permits to process and dispense cannabidiol oil and THC-A oil. Clarifies that products containing a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law does not constitute marijuana, as defined in the Code. The bill also increases from one to two the number of pharmaceutical processor permits the Board of Pharmacy may issue or renew for each health service area in any year and allows each pharmaceutical processor to whom a permit has been issued by the Board of Pharmacy to operate up to two off-site dispensing locations for the dispensing of cannabidiol oil and THC-A oil. The bill directs the Board of Pharmacy to issue additional permits to operate a pharmaceutical processor by September 1, 2019.
01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19103205D
01/08/19 House: Referred to Committee on Health, Welfare and Institutions
01/16/19 House: Assigned HWI sub: Subcommittee #1
01/23/19 House: Subcommittee recommends laying on the table (7-Y 3-N)
YEAS to the motion to lay the bill on the table Garrett, Bell, Richard P., Helsel, Hodges, Sickles, Hayes, Delaney
NAYS to the motion to lay the bill on the table Peace, Robinson, Price
Virginia NORML took no position on HB 2245
SUCCEEDED: HB 1826 Marijuana; advertisement prohibited, penalty.
Chief patron: Del Robert Orrock R-54
Marijuana; advertisement prohibited; penalty. Prohibits any person other than a person who holds a permit as a pharmaceutical processor from advertising through any verbal, written, graphic, or other manner the sale or distribution of marijuana in the Commonwealth. Any person violating the prohibition is guilty of a Class 1 misdemeanor.
01/02/19 House: Prefiled and ordered printed; offered 01/09/19 19101732D
01/02/19 House: Referred to Committee for Courts of Justice
01/15/19 House: Assigned Courts sub: Subcommittee #1
01/21/19 House: Referred from Courts of Justice by voice vote
01/21/19 House: Referred to Committee on Health, Welfare and Institutions
01/31/19 House: Reported from Health, Welfare and Institutions with substitute (19-Y 3-N)
01/31/19 House: Committee substitute printed 19104997D-H1
02/01/19 House: Read first time
02/04/19 House: Read second time
02/04/19 House: Committee substitute agreed to 19104997D-H1
02/04/19 House: Amendments by Delegate Orrock agreed to
02/04/19 House: Engrossed by House - committee substitute with amendments HB1826EH1
02/04/19 House: Printed as engrossed 19104997D-EH1
02/05/19 House: Read third time and passed House (86-Y 11-N)
02/05/19 House: VOTE: PASSAGE (86-Y 11-N)
02/06/19 Senate: Constitutional reading dispensed
02/06/19 Senate: Referred to Committee on Education and Health
02/08/19 Senate: Assigned Education sub: Health Professions
02/14/19 Senate: Reported from Education and Health with amendment (14-Y 1-N)
02/15/19 Senate: Constitutional reading dispensed (37-Y 0-N)
02/18/19 Senate: Read third time
02/18/19 Senate: Reading of amendment waived
02/18/19 Senate: Committee amendment agreed to
02/18/19 Senate: Engrossed by Senate as amended
02/18/19 Senate: Passed Senate with amendment (38-Y 2-N)
02/19/19 House: Placed on Calendar
02/19/19 House: Senate amendment agreed to by House (92-Y 5-N)
02/19/19 House: VOTE: ADOPTION (92-Y 5-N)
02/22/19 House: Enrolled
02/22/19 House: Bill text as passed House and Senate (HB1826ER)
02/22/19 House: Signed by Speaker
02/22/19 Senate: Signed by President
03/04/19 House: Enrolled Bill communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 656 (effective 7/1/19)
Virginia NORML takes no position on HB 1826
SUCCEEDED: SB 1557 Board of Pharmacy; cannabidiol oil and tetrahydrocannabinol oil; regulation of processors.
Chief patron: Sen Siobhan Dunnavant R-12
Senate patrons: Sen Rosalyn Dance D-16, Sen Lynwood Lewis D-6, Sen David Marsden D-37
House patrons: Del Dawn Adams D-68, Del Sam Rasoul D-11
Board of Pharmacy; cannabidiol oil and tetrahydrocannabinol oil; regulation of pharmaceutical processors. Alters the definitions of cannabidiol oil and tetrahydrocannabinol (THC-A) oil to remove the five percent cap on the concentration of THC permitted to be contained in each oil. The bill allows licensed physician assistants and licensed nurse practitioners to issue a written certification for use of cannabidiol oil and THC-A oil. The bill requires the Board to promulgate regulations establishing dosage limitations, which shall require that each dispensed dose of cannabidiol oil or THC-A oil not exceed 10 milligrams and each dispensed package of cannabidiol oil or THC-A oil not exceed 100 milligrams. The bill removes the requirement that a licensed pharmacist provide on-premises supervision of pharmaceutical processors and clarifies who may be employed by pharmaceutical processors and the regulations governing such employees.
01/09/19 Senate: Prefiled and ordered printed; offered 01/09/19 19102904D
01/09/19 Senate: Referred to Committee on Education and Health
01/18/19 Senate: Assigned Education sub: Health Professions
01/24/19 Senate: Reported from Education and Health with substitute (14-Y 0-N)
01/24/19 Senate: Committee substitute printed 19105737D-S1
01/25/19 Senate: Constitutional reading dispensed (38-Y 1-N)
01/28/19 Senate: Read second time
01/28/19 Senate: Reading of substitute waived
01/28/19 Senate: Committee substitute agreed to 19105737D-S1
01/28/19 Senate: Engrossed by Senate - committee substitute SB1557S1
01/29/19 Senate: Read third time and passed Senate (40-Y 0-N)
02/04/19 House: Placed on Calendar
02/04/19 House: Read first time
02/04/19 House: Referred to Committee on Health, Welfare and Institutions
02/06/19 House: Assigned HWI sub: Subcommittee #3
02/07/19 House: Subcommittee recommends reporting with amendments (4-Y 2-N)
02/12/19 House: Reported from Health, Welfare and Institutions with amendments (22-Y 0-N)
02/12/19 House: Read second time
02/13/19 House: Read third time
02/13/19 House: Committee amendments agreed to
02/13/19 House: Engrossed by House as amended
02/13/19 House: Passed House with amendments BLOCK VOTE (98-Y 0-N)
02/13/19 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/15/19 Senate: House amendments agreed to by Senate (39-Y 0-N)
02/20/19 Senate: Enrolled
02/20/19 Senate: Bill text as passed Senate and House (SB1557ER)
02/20/19 Senate: Signed by President
02/20/19 House: Signed by Speaker
02/27/19 Senate: Enrolled Bill Communicated to Governor on February 27, 2019
02/27/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 681 (effective 7/1/19)
Virginia NORML supported the passage of SB 1557
SUCCEEDED: SB 1632 Cannabidiol oil and THC-A oil; use at school.
Chief patron: Sen Glen Sturtevant, Jr. R-10
Cannabidiol oil and THC-A oil; use at school. Requires local school boards to adopt and implement policies permitting a student who has been issued a valid written certification for the use of cannabidiol oil or THC-A oil to use such oils while at school. The bill prohibits a school board from suspending or expelling such a student for such use. The bill prohibits a school nurse employed by a local school board, person employed by a local health department who is assigned to the public school pursuant to an agreement between the local health department and the school board, or other person employed by or contracted with a local school board to deliver health-related services from being prosecuted for possession or distribution of cannabidiol oil or THC-A oil or for storing, dispensing, or administering cannabidiol oil or THC-A oil, in accordance with the policy adopted by the local school board, to a student who has been issued a valid written certification for its use. Finally, the bill requires the Department of Health Professions, in coordination with the Department of Education, to develop and make available to school boards, a standardized form to be completed by the certification issuing physician and the dispensing pharmaceutical processor.
01/09/19 Senate: Prefiled and ordered printed; offered 01/09/19 19103448D
01/09/19 Senate: Referred to Committee on Education and Health
01/16/19 Senate: Assigned Education sub: Public Education
1/24/19 Senate: Reported from Education and Health (15-Y 0-N)
01/25/19 Senate: Constitutional reading dispensed (38-Y 1-N)
01/28/19 Senate: Read second time and engrossed
01/29/19 Senate: Read third time and passed Senate (40-Y 0-N)
02/04/19 House: Placed on Calendar
02/04/19 House: Read first time
02/04/19 House: Referred to Committee for Courts of Justice
02/12/19 House: Assigned Courts sub: Subcommittee #1
02/15/19 House: Subcommittee recommends reporting with substitute (7-Y 0-N)
02/18/19 House: Reported from Courts of Justice with substitute (18-Y 0-N)
02/18/19 House: Committee substitute printed 19106441D-H1
02/19/19 House: Read second time
02/20/19 House: Read third time
02/20/19 House: Committee substitute agreed to 19106441D-H1
02/20/19 House: Engrossed by House - committee substitute SB1632H1
02/20/19 House: Passed House with substitute BLOCK VOTE (100-Y 0-N)
02/20/19 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
02/21/19 Senate: House substitute rejected by Senate (1-Y 39-N)
02/21/19 House: House insisted on substitute
02/21/19 House: House requested conference committee
02/21/19 Senate: Senate acceded to request (39-Y 0-N)
02/21/19 Senate: Conferees appointed by Senate
02/21/19 Senate: Senators: Sturtevant, Edwards, Peake
02/21/19 House: Conferees appointed by House
02/21/19 House: Delegates: Bell, Robert B., Collins, Hurst
02/23/19 Conference: Amended by conference committee
02/23/19 Senate: Conference substitute printed 19107673D-S1
02/23/19 Senate: Conference report agreed to by Senate (40-Y 0-N)
02/23/19 House: Conference report agreed to by House (95-Y 1-N)
02/23/19 House: VOTE: ADOPTION (95-Y 1-N)
03/07/19 Senate: Enrolled
03/07/19 Senate: Bill text as passed Senate and House (SB1632ER)
03/07/19 House: Signed by Speaker
03/09/19 Senate: Signed by President
03/11/19 Senate: Enrolled Bill Communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 574 (effective 7/1/19)
Virginia NORML supported the passage of SB 1632
SUCCEEDED: SB 1719 Cannabidiol oil and THC-A oil; registered agents and pharmaceutical processors.
Chief patron: Sen David Marsden D-37
House patron: Del Kaye Kory D-38
Cannabidiol oil and THC-A oil; registered agents and pharmaceutical processors. Authorizes a patient or, if such patient is a minor or an incapacitated adult, such patient's parent or legal guardian to designate an individual to act as his registered agent for the purposes of receiving cannabidiol oil or THC-A oil pursuant to a valid written certification. Such designated individual is required register with the Board of Pharmacy (Board). The bill authorizes the Board to set a limit on the number patients for whom any individual is authorized to act as a registered agent. The bill authorizes a pharmaceutical processor to dispense cannabidiol oil or THC-A oil to such registered agent and provides such registered agent an affirmative defense for possession of cannabidiol oil or THC-A oil.
The bill provides that a pharmacist in charge of a pharmaceutical processor may authorize certain employees access to secured areas designated for cultivation and extraction and other areas approved by the Board and no pharmacist is required to be on the premises during such authorized access. The bill authorizes a pharmaceutical processor, in addition to other employees authorized by the Board, to employ individuals (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in horticulture or a certification or training approved by the Board or who has at least two years of experience cultivating plants and (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least two years of experience extracting chemicals from plants.
The bill directs the Board to promulgate regulations regarding the wholesale sale of and transfer of cannabidiol oil or THC-A oil between pharmaceutical processors and removes a requirement that a pharmaceutical processor only dispense cannabidiol oil or THC-A oil cultivated and produced on-site. The bill provides that a pharmaceutical processor may begin cultivation upon being issued a permit by the Board, however, no production of cannabidiol oil or THC-A oil shall occur prior to sixty days of the opening date listed in its application. Finally, the bill provides that the concentration of tetrahydrocannabinol in any THC-A oil on site at a pharmaceutical processor may be up to 10 percent greater than or less than the level of tetrahydrocannabinol measured for labeling.
01/15/19 Senate: Presented and ordered printed 19103906D
01/15/19 Senate: Referred to Committee on Education and Health
01/18/19 Senate: Assigned Education sub: Health Professions
01/24/19 Senate: Reported from Education and Health with amendments (13-Y 2-N)
01/25/19 Senate: Constitutional reading dispensed (38-Y 1-N)
01/28/19 Senate: Read second time
01/28/19 Senate: Reading of amendments waived
01/28/19 Senate: Committee amendments agreed to
01/28/19 Senate: Engrossed by Senate as amended SB1719E
01/28/19 Senate: Printed as engrossed 19103906D-E
01/29/19 Senate: Read third time and passed Senate (39-Y 0-N)
02/04/19 House: Placed on Calendar
02/04/19 House: Read first time
02/04/19 House: Referred to Committee on Health, Welfare and Institutions
02/06/19 House: Assigned HWI sub: Subcommittee #3
02/07/19 House: Subcommittee recommends reporting (5-Y 0-N)
02/12/19 House: Reported from Health, Welfare and Institutions (22-Y 0-N)
02/12/19 House: Read second time
02/13/19 House: Read third time
02/13/19 House: Passed House BLOCK VOTE (98-Y 0-N)
02/13/19 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/18/19 Senate: Enrolled
02/18/19 Senate: Bill text as passed Senate and House (SB1719ER)
02/18/19 House: Signed by Speaker
02/19/19 Senate: Signed by President
02/20/19 Senate: Enrolled Bill Communicated to Governor on February 20, 2019
02/20/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 690 (effective 7/1/19)
Virginia NORML supported the passage of SB 1719
Paraphernalia
DEFEATED: HB 1910 Drug paraphernalia and controlled paraphernalia; fentanyl testing products.
Chief patron: Del Wendy Gooditis D-10
Drug paraphernalia and controlled paraphernalia; fentanyl testing products. Clarifies that narcotic testing products used to determine whether a controlled substance contains fentanyl are not drug paraphernalia or controlled paraphernalia.
01/04/19 House: Prefiled and ordered printed; offered 01/09/19 19101076D
01/04/19 House: Referred to Committee for Courts of Justice
01/22/19 House: Assigned Courts sub: Subcommittee #1
01/25/19 House: Referred from Courts of Justice by voice vote
01/25/19 House: Referred to Committee on Health, Welfare and Institutions
01/29/19 House: Tabled in Health, Welfare and Institutions (20-Y 2-N)
YEAS to the motion to table the bill Orrock, Garrett, Bell, Robert B., Peace, Pogge, Bell, Richard P., Stolle, Helsel, Hodges, Edmunds, Head, Robinson, Sickles, Hope, James, Price, Aird, Hayes, Rasoul, Delaney
NAYS to the motion to table the bill Levine, Rodman
Virginia NORML supported the passage of HB 1910
SUCCEEDED: HB 2563 Drug paraphernalia and controlled paraphernalia; fentanyl testing products.
Chief patron: Del Roxann Robinson R-27
Chief co-patron: Del Dave LaRock R-33
House patron: Del Wendy Gooditis D-10
Drug paraphernalia and controlled paraphernalia; fentanyl testing products. Clarifies that narcotic testing products used to determine whether a controlled substance contains fentanyl or a fentanyl analog are not drug paraphernalia or controlled paraphernalia.
01/09/19 House: Prefiled and ordered printed; offered 01/09/19 19103249D
01/09/19 House: Referred to Committee on Health, Welfare and Institutions
01/16/19 House: Assigned HWI sub: Subcommittee #1
01/23/19 House: Subcommittee recommends reporting with amendments (10-Y 0-N)
01/29/19 House: Reported from Health, Welfare and Institutions with amendments (22-Y 0-N)
01/31/19 House: Read first time
02/01/19 House: Read second time
02/01/19 House: Committee amendments agreed to
02/01/19 House: Engrossed by House as amended HB2563E
02/01/19 House: Printed as engrossed 19103249D-E
02/04/19 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/04/19 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/04/19 House: Reconsideration of passage agreed to by House
02/04/19 House: Passed House BLOCK VOTE (99-Y 0-N)
02/04/19 House: VOTE: BLOCK VOTE PASSAGE #2 (99-Y 0-N)
02/05/19 Senate: Constitutional reading dispensed
02/05/19 Senate: Referred to Committee on Education and Health
02/07/19 Senate: Reported from Education and Health (15-Y 0-N)
02/08/19 Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19 Senate: Read third time
02/11/19 Senate: Passed Senate (40-Y 0-N)
02/14/19 House: Enrolled
02/14/19 House: Bill text as passed House and Senate (HB2563ER)
02/14/19 House: Signed by Speaker
02/15/19 Senate: Signed by President
02/18/19 House: Enrolled Bill communicated to Governor on February 18, 2019
02/18/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19 Governor: Approved by Governor-Chapter 215 (effective 7/1/19)
03/05/19 Governor: Acts of Assembly Chapter text (CHAP0215)
Virginia NORML supported the passage of HB 2563