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Richmond, VA: Broad changes to marijuana laws swept through the 2020 Virginia General Assembly. Today, the legislature approved SB2 and HB 972 to decriminalize marijuana possession. Those in possession of up to one ounce of cannabis for personal use will no longer be subject to criminal prosecution and will instead face a maximum $25 civil penalty. The bipartisan, bicameral effort led by Senator Adam Ebbin (D-30) and House Majority Leader Delegate Charniele Herring (D-46), also allows for the sealing of records for misdemeanor arrests, charges, convictions, and deferred dispositions for marijuana possession from employers and schools, and redefines extractions previously considered hashish as marijuana. The legislation now heads to Governor Ralph Northam’s desk for approval.

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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0	WITHDRAWN  Bill's patron withdrew the bill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 

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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 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.

 

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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.

 

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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

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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.

 

SB 1027 Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide

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

 

SB 1298 Marijuana; possession or distribution for medical purposes, affirmative defense for treatment

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.

 

SB 1403 Board of Pharmacy to deschedule or reschedule cannabidiol upon publication of an interim final rule

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

 

SB 1452 Possession or distribution of marijuana for medical purposes; affirmative defense for treatment

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.

Richmond, Va — Three new laws intended to expand patient access to and the therapeutic value of Virginia’s medical cannabis program take effect July 1, 2019. 

Read more

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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

Forty marijuana-related bills were filed for the 2018 Virginia General Assembly legislative 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.   

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Final Outcomes for Bills

   

2	CONTINUED	these bills will be taken up in the same Committee in the following year, but are done for this session
18	DEFEATED	these bills were defeated by vote and will not pass this session
6	INCORPORATED	these bills were incorporated into other similar and preferential bills
5	LEFT IN COMMITTEE	these bills were not heard by the Committee
4	SUCCEEDED	these bill have passed both chambers by vote and have been sent to the governor
4	STRICKEN	these House bills were stricken from the docket and not heard (similar to withdrawn in the Senate)
1	WITHDRAWN	the Senate bill's patron withdrew the bill

  

Bills in RED were not passed
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

 

Motions on bills

   

Lay the bill on the table  suspend debate of the bill. It can be recalled from the table later, but this rarely happens
Pass the bill by indefinitely  end debate of the bill. The bill has been killed and is dead for the session.
Report the bill  send the bill to the House or Senate for a floor vote
Refer or Rerefer  send the bill to a Committee or Subcommittee

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Asset Forfeiture (2)

   

DEFEATED: HB 900 Forfeiture of property used in connection with commission of crimes; finding of guilt required.

Chief patron: Del Nick Freitas R-30
Chief co-patron: Del Mark Cole R-88

Forfeiture of property used in connection with the commission of crimes; finding of guilt required; disposition of forfeited property used in connection with the commission of drug crimes. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the owner of the property is a fugitive from justice, (ii) there is no identifiable owner of the property, (iii) the property has been abandoned, (iv) the owner denied ownership of the property during the prosecution of the offense, (v) the owner agrees to the forfeiture, (vi) the forfeiture is ordered by the court pursuant to a plea agreement, or (vii) the owner has not submitted a written demand for the return of the property within 21 days from the date the stay terminates. The bill also provides that all forfeited cash and negotiable instruments and proceeds from the sale of forfeited property used in connection with crimes involving the manufacture, sale, or distribution of controlled substances or marijuana be deposited into the Drug Offender Assessment and Treatment Fund, which is appropriated by the General Assembly for various drug assessment and drug treatment activities conducted by the Department of Corrections, the Department of Juvenile Justice, the Department of Criminal Justice Services, the Commission on the Virginia Alcohol Safety Action Program, and the Office of the Executive Secretary of the Supreme Court of Virginia. Under current law, such forfeited property is deposited into a Department of Criminal Justice Services fund and used to promote state and local law-enforcement activities. The bill also provides that all forfeited cash, negotiable instruments, and proceeds from the sale of forfeited property seized by a federal agency and received by any state or local agency pursuant to federal law be deposited into the Drug Offender Assessment and Treatment Fund. The bill also requires the Comptroller to report annually to the Governor and the General Assembly on the amount of property forfeited to the Commonwealth and to establish and maintain a publicly available, searchable electronic database containing information regarding all property seized and forfeited.

01/09/18  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends reporting with substitute (5-Y 2-N)
02/05/18  House: Reported from Courts of Justice with substitute (12-Y 6-N)
02/05/18  House: Committee substitute printed 18105993D-H1
02/07/18  House: Read first time
02/08/18  House: Read second time
02/08/18  House: Committee substitute agreed to 18105993D-H1
02/08/18  House: Engrossed by House - committee substitute HB900H1
02/09/18  House: Read third time and passed House (81-Y 18-N)
02/09/18  House: VOTE: PASSAGE (81-Y 18-N)
02/12/18  Senate: Constitutional reading dispensed
02/12/18  Senate: Referred to Committee for Courts of Justice
02/14/18  Senate: Reported from Courts of Justice (12-Y 2-N)
02/14/18  Senate: Rereferred to Finance
02/21/18  Senate: Failed to report (defeated) in Finance (8-Y 8-N)

YEAS to motion to report to Senate for vote: Newman, Wagner, McDougle, Vogel, Obenshain, Barker, Dunnavant, Stuart—8.
NAYS to motion to report to Senate for vote: Norment, Hanger, Howell, Saslaw, Lucas, Ruff, Carrico, Dance—8.

Virginia NORML supported the passage of HB 900. HB 900 was defeated in Senate Finance in a tie vote, 8-8.

 

CONTINUED: SJ 39 Constitutional amendment; Literary Fund, proceeds from forfeited property.

Chief patron: Sen Bryce Reeves R-17

Constitutional amendment (first resolution); Literary Fund; proceeds from forfeited property for drug offenses distributed for the purpose of promoting law enforcement. Specifies that, regarding the current provision that proceeds from the sale of forfeited property for drug offenses be paid into the state treasury and distributed for the purpose of promoting law enforcement, the purpose of promoting law enforcement shall be as defined by general law.

01/09/18  Senate: Referred to Committee on Privileges and Elections
01/16/18  Senate: Continued to 2019 in Privileges and Elections (14-Y 0-N)

Virginia NORML took no position on SJ 39. SJ 39 was continued to 2019 in Privileges and Elections Committee.

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Decriminalization (2)

   

DEFEATED: HB 1063 Marijuana; decriminalization of simple marijuana possession.

Chief patron: Del Steve Heretick D-79
House patrons: Del Mark Cole R-88, Delegate Kelly K. Convirs-Fowler D-21, Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Paul Krizek D-44, Del Mark Levine D-45, Del Joseph Lindsey D-90, Del Marcus Simon D-53, Del Jeion Ward D-92

Marijuana; decriminalization of simple marijuana possession. 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 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.

01/10/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1063. HB 1063 was defeated in House Subcommittee #1 (Criminal Law) in a 7-1 vote.

DEFEATED: SB 111 Marijuana; decriminalization of simple marijuana possession.

Chief patron: Sen Adam Ebbin D-30
House patron: Del Kaye Kory D-38, Del Mark Levine D-45

Marijuana; decriminalization of simple marijuana possession. 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.

12/15/17  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

YEAS to motion to report to Senate for vote: Saslaw, Howell, Lucas, Edwards, Deeds, Petersen—6.
NAYS to motion to report to Senate for vote: Obenshain, Norment, McDougle, Stuart, Stanley, Reeves, Chafin, Sturtevant, Peake—9.

Virginia NORML supported the passage of SB 111. SB 111 was defeated in Senate Courts of Justice on a party line vote, 9-6.

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Driver's License (3)

   

DEFEATED: SB 33 Marijuana offenses; driver’s license forfeiture.

Chief patron: Sen William Stanley R-20
Senate patron: Sen Chap Petersen D-34
House patron: Del Kaye Kory D-38

Marijuana offenses; driver's license forfeiture. Eliminates the requirement that the Virginia Department of Transportation receive written assurance from the Federal Highway Administration of the U.S. Department of Transportation that Virginia will not lose any federal funds as a prerequisite to implementing revisions enacted in 2017 that except persons who have been placed on deferred disposition for simple possession of marijuana, subject to certain exceptions, from 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. The bill contains an emergency clause.

11/20/17  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

Virginia NORML supported the passage of SB 33. SB 33 was stricken at Sen Stanley's request.

 

INCORPORATED: SB 148 Driver’s licenses; 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 a person's driver's license is suspended (i) when he is convicted of or placed on deferred disposition for a drug offense or (ii) for nonpayment of fines and court costs for offenses not pertaining to the operator or operation of a motor vehicle. The provisions of this bill that affect the Code of Virginia have a delayed effective date of September 1, 2018.

12/28/17  Senate: Referred to Committee for Courts of Justice
01/24/18  Senate: Incorporated by Courts of Justice into SB181-Stanley (15-Y 0-N)

Virginia NORML supported the passage of SB 148. SB 148 was incorporated into SB 181. SB 181 was left in House Appropriations.

 

LEFT IN COMMITTEE: SB 181 Driver’s license; suspension for nonpayment of fines or costs.

Chief patron: Sen William Stanley R-20
Senate patron: Sen Mamie Locke D-2, Sen Jennifer McClellan D-9, Sen Scott Surovell D-36

Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill provides that the Commissioner of the Department of Motor Vehicles shall return or reinstate any person's driver's license that was suspended solely for nonpayment of fines or costs.

12/28/17  Senate: Prefiled and ordered printed; offered 01/10/18 18101254D
12/28/17  Senate: Referred to Committee on Transportation
01/17/18  Senate: Rereferred from Transportation (13-Y 0-N)
01/17/18  Senate: Rereferred to Courts of Justice
01/24/18  Senate: Reported from Courts of Justice with substitute (12-Y 2-N 1-A)
01/24/18  Senate: Committee substitute printed 18105986D-S1
01/24/18  Senate: Rereferred to Finance
01/24/18  Senate: Incorporates SB148 (Edwards)
02/06/18  Senate: Reported from Finance with amendments (13-Y 2-N)
02/07/18  Senate: Constitutional reading dispensed (39-Y 0-N)
02/08/18  Senate: Read second time
02/08/18  Senate: Reading of substitute waived
02/08/18  Senate: Committee substitute agreed to 18105986D-S1
02/08/18  Senate: Reading of amendments waived
02/08/18  Senate: Committee amendments agreed to
02/08/18  Senate: Reading of amendment waived
02/08/18  Senate: Amendment by Senator Stanley agreed to
02/08/18  Senate: Engrossed by Senate - committee substitute with amendments SB181ES1
02/08/18  Senate: Printed as engrossed 18105986D-ES1
02/09/18  Senate: Read third time and passed Senate (33-Y 6-N)
02/14/18  House: Placed on Calendar
02/14/18  House: Read first time
02/14/18  House: Referred to Committee on Appropriations
03/01/18  House: Assigned App. sub: Transportation
03/02/18  House: Subcommittee recommends continuing to 2019 by voice vote
03/06/18  House: Left in Appropriations

Virginia NORML supported the passage of SB 181. SB 181 was left in House Appropriations.

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Expungement (6)

   

DEFEATED: HB 1065 Expungement of police and court records; possession of marijuana.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

Expungement of police and court records; possession of marijuana. Allows a person convicted of possession of marijuana, or charged with such offense which charge was deferred and dismissed, who has successfully completed all terms of probation to file a petition for expungement after at least five years have passed since the date of conviction. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment.

01/10/18  House: Referred to Committee for Courts of Justice
01/18/18  House: Assigned Courts sub: Subcommittee #1
01/22/18  House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1065. HB 1065 was defeated in House Subcommittee #1 (Criminal Law) in a 7-1 vote.

 

DEFEATED: HB 1066 Expungement of police and court records.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

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 and with the agreement of the attorney for the Commonwealth, enter an order requiring the expungement of the police and court records relating to the charge.

01/10/18  House: Referred to Committee for Courts of Justice
01/18/18  House: Assigned Courts sub: Subcommittee #1
01/22/18  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins—5.
NAYS to motion to pass by indefinitely: Watts, Herring, Mullin—3.

Virginia NORML supported the passage of HB 1066. HB 1066 was defeated in House Subcommittee #1 (Criminal Law) on a party line vote, 5-3.

 

DEFEATED: HB 1214 Marijuana possession, etc.; expungement of certain charges and convictions.

Chief patron: Del Timothy Hugo R-40

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.

01/10/18  House: Referred to Committee for Courts of Justice
01/18/18  House: Assigned Courts sub: Subcommittee #1
01/31/18  House: Subcommittee recommends passing by indefinitely (6-Y 1-N)

YEAS to motion to pass by indefinitely: Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—6.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 1214. HB 1214 was defeated in House Subcommittee #1 (Criminal Law) in a 6-1 vote.

 

DEFEATED: SB 403 Expungement of certain charges and convictions.

Chief patron: Sen Ryan McDougle R-4
Incorporated chief co-patron: Sen Jeremy McPike D-29

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.

01/09/18  Senate: Referred to Committee for Courts of Justice
01/17/18  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/17/18  Senate: Rereferred to Finance
01/17/18  Senate: Incorporates SB645 (McPike)
01/17/18  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/17/18  Senate: Rereferred to Finance
02/07/18  Senate: Reported from Finance with substitute (16-Y 0-N)
02/07/18  Senate: Committee substitute printed 18106893D-S2
02/08/18  Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18  Senate: Passed Senate (40-Y 0-N)
02/15/18  House: Placed on Calendar
02/15/18  House: Read first time
02/15/18  House: Referred to Committee for Courts of Justice
02/20/18  House: Assigned Courts sub: Subcommittee #1
02/21/18  House: Subcommittee recommends passing by indefinitely (7-Y 0-N)

Virginia NORML supported the passage of SB 403. SB 403 was defeated in House Subcommittee #1 (Criminal Law) in a 7-0 vote.

 

INCORPORATED: SB 645 Marijuana possession, etc.

Chief patron: Sen Jeremy McPike D-29

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 and five years have elapsed since the date of completion of all terms of sentencing and probation.

01/10/18  Senate: Referred to Committee for Courts of Justice
01/17/18  Senate: Incorporated by Courts of Justice into SB403-McDougle (15-Y 0-N)

Virginia NORML supported the passage of SB 645. SB 645 has been incorporated into SB 403. SB 403 was defeated in House Courts of Justice Subcommittee #1 (Criminal Law) in a 7-0 vote.

 

DEFEATED: SB 954 Possession of marijuana; first offense; expungement; penalty.

Chief patron: Sen Thomas Norment R-3

Possession of marijuana; first offense; expungement; penalty. Reduces the penalties for possession of marijuana to a fine of not more than $500. Current law provides that the possession of marijuana may be punished by confinement in jail for not more than 30 days and subject to a fine of not more than $500. The bill also provides that a first offense for possession of marijuana is eligible for expungement. The bill provides that any person seeking expungement of a first-offense marijuana charge shall be assessed a $300 fee, which shall be paid into the Heroin and Prescription Opioid Epidemic Fund. The bill has a delayed effective date of January 1, 2019, except for the provisions related to the reduction of penalties for possession of marijuana, which shall become effective July 1, 2018. The bill contains technical amendments.

01/19/18  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/29/18  Senate: Committee substitute printed 18106134D-S1
01/29/18  Senate: Rereferred to Finance
02/07/18  Senate: Reported from Finance with substitute (16-Y 0-N)
02/07/18  Senate: Committee substitute printed 18106890D-S2
02/08/18  Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18  Senate: Passed Senate (38-Y 2-N)
02/15/18  House: Placed on Calendar
02/15/18  House: Read first time
02/15/18  House: Referred to Committee on Appropriations
02/22/18  House: Assigned App. sub: Public Safety
03/02/18  House: Referred from Appropriations by voice vote
03/02/18  House: Referred to Committee for Courts of Justice
03/02/18  House: Assigned Courts sub: Subcommittee #1
03/05/18  House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Herring—7.
NAYS to motion to pass by indefinitely: Mullin—1.

Virginia NORML opposed the passage of SB 954. SB 954 defeated in House Courts of Justice Subcommittee #1 (Criminal Law) on a 7-1 vote.. 

Virginia NORML’s statement: Virginia NORML does not support the passage of SB 954 as drafted. SB 954 simply codifies the existing first time offender’s program, and creates three additional bureaucratic requirements — a marijuana offender registry, an opioid fund and fee, and an expungement method and fee — while eliminating jail time only for first offenses. The increased financial obligations are out of reach for the majority of defendants, and passage of such legislation would stall the advance of decriminalization and expungement for the foreseeable future.

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Firearms (1)

  

DEFEATED: SB 2 Firearms; carrying loaded in public place, etc.

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

Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun.

11/20/17  Senate: Referred to Committee for Courts of Justice
01/15/18  Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

YEAS to motion to report to Senate for vote: Saslaw, Howell, Lucas, Edwards, Deeds, Petersen—6.
NAYS to motion to report to Senate for vote: Obenshain, Norment, McDougle, Stuart, Stanley, Reeves, Chafin, Sturtevant, Peake—9.

Virginia NORML took no position on SB 2. SB 2 was defeated in Senate Courts of Justice Committee on a party line vote, 6-9.

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Medical (12)

  

STRICKEN: HB 137 Marijuana possession or distribution for medical purposes.

Chief patron: Del Mark Levine D-45
House patrons: Del Betsy Carr D-69, Del Lee Carter D-50, Del Elizabeth Guzman D-31, Del Patrick Hope D-47, Del Kaye Kory D-38, Del Paul Krizek D-44, Del Kathleen Murphy D-34, Del Kenneth Plum D-36, Del Sam Rasoul D-11, Del Marcus Simon D-53

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of cancer. 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.

12/19/17  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 137. Delegate Levine signed on as a co-patron of HB 1251 and HB 137 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

STRICKEN: HB 458 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Eileen Filler-Corn D-41

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill increases the supply of CBD oil or THC-A oil a pharmaceutical processor may dispense from a 30-day supply to a 90-day supply. The bill reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively. The bill provides that any agent or employee of a pharmaceutical processor is authorized to deliver CBD oil or THC-A oil. Finally, the bill provides that no agent or employee of a pharmaceutical processor can be prosecuted for the possession or manufacture of marijuana or the possession, manufacture, or distribution of CBD oil or THC-A oil if such agent or employee is acting in accordance with certain statutes and regulations. Under current law, such agents and employees may be prosecuted but it is considered an affirmative defense if such agents or employees act in accordance with such statutes and regulations.

01/07/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 458. Delegate Filler-Corn signed on as a chief co-patron of HB 1251 and HB 458 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

LEFT IN COMMITTEE: HB 974 Medical marijuana; written certification.

Chief patron: Del Elizabeth Guzman D-31

Medical marijuana; written certification. Allows a person to possess marijuana or tetrahydrocannabinol pursuant to a valid written certification issued by a physician for the treatment of any medical condition deemed terminal or debilitating by a licensed health care professional, pain management, cancer, glaucoma, intractable epilepsy, human immunodeficiency virus, osteoporosis, or arthritis. The bill allows a physician or pharmacist to distribute such substances without being subject to prosecution. Under current law, a person has an affirmative defense to prosecution for possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil and the person has been issued a written certification by a physician that such marijuana is for the purposes of treating or alleviating the person's symptoms of intractable epilepsy. The bill expands the authority for a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide marijuana in any form to be used for the treatment of any medical condition deemed terminal or debilitating by a licensed health care professional, pain management, cancer, glaucoma, intractable epilepsy, human immunodeficiency virus, osteoporosis, or arthritis, not just marijuana in the form of cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Finally, the bill clarifies that the penalties for forging or altering a written certification for medical marijuana or for making or uttering a false or forged written certification are the same as the penalties for committing the same acts with regard to prescriptions.

01/09/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
02/15/18  House: Left in Courts of Justice

Virginia NORML supported the passage of HB 974. HB 974 was left in House Courts of Justice.

 

STRICKEN: HB 1014 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del David Toscano D-79
House patron: Del Mark Levine D-45

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy.

01/09/18  House: Referred to Committee on Health, Welfare and Institutions
01/23/18  House: Referred from Health, Welfare and Institutions by voice vote
01/23/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 1014. Delegate Toscano signed on as a co-patron of HB 1251 and HB 1014 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

LEFT IN COMMITTEE: HB 1064 Medical marijuana; written certification.

Chief patron: Del Steve Heretick D-79
House patron: Del Mark Levine D-45

Medical marijuana; written certification. Allows a person to possess marijuana or tetrahydrocannabinol pursuant to a valid written certification issued by a physician for the treatment of any medical condition and allows a physician or pharmacist to distribute such substances without being subject to prosecution. Under current law, a person has an affirmative defense to prosecution for possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil and the person has been issued a written certification by a physician that such marijuana is for the purposes of treating or alleviating the person's symptoms of intractable epilepsy. The bill expands the authority for a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide marijuana in any form to be used for the treatment of any medical condition, not just marijuana in the form of cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Finally, the bill clarifies that the penalties for forging or altering a written certification for medical marijuana or for making or uttering a false or forged written certification are the same as the penalties for committing the same acts with regard to prescriptions.

01/10/18  House: Referred to Committee for Courts of Justice
02/15/18  House: Left in Courts of Justice

Virginia NORML supported the passage of HB 1064. Delegate Heretick signed on to HB 1251 as a co-patron. HB 1064 was left in House Courts of Justice. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

SUCCEEDED: HB 1251 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Benjamin Cline R-24
Chief co-patrons: Del Glenn Davis R-84, Del Eileen Filler-Corn D-41, Del Kaye Kory D-38
House patrons: Del Steve Heretick D-79, Del Charniele Herring D-46, Del Timothy Hugo R-40, Del Mark Levine D-45, Del Daniel Marshall R-14, Del Christopher Peace R-97, Del Margaret Ransone R-99, Del David Toscano D-57 
Senate patron: Sen Lynwood Lewis D-6

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.

01/10/18  House: Referred to Committee on Health, Welfare and Institutions
01/18/18  House: Referred from Health, Welfare and Institutions by voice vote
01/18/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends reporting with amendments (8-Y 0-N)
01/29/18  House: Reported from Courts of Justice with amendments (18-Y 0-N)
01/31/18  House: Read first time
02/01/18  House: Read second time
02/01/18  House: Committee amendments agreed to
02/01/18  House: Engrossed by House as amended HB1251E
02/01/18  House: Printed as engrossed 18102110D-E
02/02/18  House: Read third time and passed House (98-Y 0-N)
02/02/18  House: VOTE: PASSAGE (98-Y 0-N)
02/05/18  Senate: Constitutional reading dispensed
02/05/18  Senate: Referred to Committee on Education and Health
02/15/18  Senate: Reported from Education and Health with amendment (15-Y 0-N)
02/16/18  Senate: Constitutional reading dispensed (38-Y 0-N)
02/19/18  Senate: Read third time
02/19/18  Senate: Reading of amendment waived
02/19/18  Senate: Committee amendment agreed to
02/19/18  Senate: Emergency clause added
02/19/18  Senate: Engrossed by Senate as amended
02/19/18  Senate: Passed Senate with amendment (40-Y 0-N)
02/21/18  House: Placed on Calendar
02/21/18  House: Senate amendment agreed to by House (99-Y 0-N)
02/21/18  House: VOTE: ADOPTION EMERGENCY (99-Y 0-N)
02/26/18  House: Enrolled
02/26/18  House: Bill text as passed House and Senate (HB1251ER)
02/26/18  House: Signed by Speaker
02/28/18  Senate: Signed by President
03/02/18  House: Enrolled Bill communicated to Governor on March 2, 2018
03/02/18  Governor: Governor's Action Deadline Midnight, March 9, 2018

Virginia NORML supported the passage of HB 1251. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

STRICKEN: HB 1422 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Del Daniel Marshall R-14

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease, including epilepsy, cancer, glaucoma, human immunodeficiency virus, acquired immunodeficiency syndrome, amyotrophic lateral sclerosis, multiple sclerosis, post-traumatic stress disorder, traumatic brain injury, chronic pain, or other chronic or terminal condition or disease. Under current law, a practitioner may issue such certification only for the treatment or to alleviate the symptoms of intractable epilepsy.

01/15/18  House: Referred to Committee on Health, Welfare and Institutions
01/23/18  House: Referred from Health, Welfare and Institutions by voice vote
01/23/18  House: Referred to Committee for Courts of Justice
01/23/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends striking from docket (8-Y 0-N)

Virginia NORML supported the passage of HB 1422. Delegate Marshall signed on as a co-patron of HB 1251 and HB 1422 was stricken. HB 1251 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

SUCCEEDED: SB 330 THC-A oil; dispensing, tetrahydrocannabinol levels.

Chief patron: Sen Siobhan Dunnavant R-12

CBD and THC-A oil. Adds cannabidiol oil (CBD oil) or THC-A oil  to the list of covered substances the dispensing of which must be reported to the Prescription Monitoring Program. The bill requires a practitioner who issues a written certification for CBD oil or THC-A oil to request information from the Director of the Department of Health Professions for the purpose of determining what other covered substances have been dispensed to the patient.

The bill requires the Board of Pharmacy to promulgate regulations that include requirements for (i) a process for registering a CBD oil and THC-A oil product; and (ii) a requirement for an applicant for a pharmaceutical processor permit to have a criminal background check through the Central Criminal Records Exchange to the Federal Bureau of Investigation. The bill requires a pharmacist or pharmacy technician, prior to the initial dispensing of each written certification to (a) make and maintain for two years a paper or electronic copy of the written certification that provides an exact image of the document that is clearly legible, (b) view a current photo identification of the patient, parent, or legal guardian, and (c) verify current board registration of the practitioner and the corresponding patient, parent, or legal guardian. The bill requires that prior to any subsequent dispensing of each written certification, the pharmacist, pharmacy technician, or delivery agent to view the current written certification, a current photo identification of the patient, parent, or legal guardian, and the current board registration issued to the patient, parent, or legal guardian.

Finally, the bill requires a pharmaceutical processor to (i) ensure the percentage of tetrahydrocannabinol in any THC-A oil on site is within 10 percent of the level of tetrahydrocannabinol measured for labeling and to establish a stability testing schedule of THC-A oil.

01/08/18  Senate: Referred to Committee on Education and Health
01/11/18  Senate: Reported from Education and Health with amendment (15-Y 0-N)
01/12/18  Senate: Constitutional reading dispensed (39-Y 0-N)
01/15/18  Senate: Read second time
01/15/18  Senate: Passed by for the day
01/16/18  Senate: Read second time
01/16/18  Senate: Reading of amendment waived
01/16/18  Senate: Committee amendment rejected
01/16/18  Senate: Reading of substitute waived
01/16/18  Senate: Floor substitute printed 18105163D-S1 (Dunnavant)
01/16/18  Senate: Substitute by Senator Dunnavant agreed to 18105163D-S1
01/16/18  Senate: Engrossed by Senate - floor substitute SB330S1
01/17/18  Senate: Read third time and passed Senate (40-Y 0-N)
01/23/18  House: Placed on Calendar
01/23/18  House: Read first time
01/23/18  House: Referred to Committee on Health, Welfare and Institutions
02/16/18  House: Assigned HWI sub: Subcommittee #2
02/20/18  House: Subcommittee recommends reporting with substitute (10-Y 0-N)
02/27/18  House: Reported from Health, Welfare and Institutions with substitute (21-Y 0-N)
02/27/18  House: Committee substitute printed 18107733D-H1
03/01/18  House: Read second time
03/02/18  House: Read third time
03/02/18  House: Committee substitute agreed to 18107733D-H1
03/02/18  House: Engrossed by House - committee substitute SB330H1
03/02/18  House: Passed House with substitute BLOCK VOTE (96-Y 0-N)
03/02/18  House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
03/05/18  Senate: House substitute agreed to by Senate (38-Y 0-N)
03/05/18  Senate: Emergency clause added
03/05/18  Senate: Title replaced 18107733D-H1
03/07/18  Senate: Enrolled
03/07/18  Senate: Bill text as passed Senate and House (SB330ER)

Virginia NORML supported the passage of SB 330. SB 330 has succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature.

 

INCORPORATED: SB 597 Possession or distribution of marijuana for medical purposes; affirmative defense for treatment.

Chief patron: Sen Jill Vogel R-27

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. 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.

01/09/18  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Incorporated by Courts of Justice into SB 726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 597. SB 597 was incorporated in to SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

SUCCEEDED: SB 726 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen Siobhan Dunnavant R-12
Incorporated co-patrons: Sen Dave Marsden D-37, Sen Jill Vogel R-27
Senate patrons: Sen Adam Ebbin D-30, Sen Monty Mason D-1, Sen Jennifer Wexton D-33
House patron: Del Mark Levine D-45

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.

01/10/18  Senate: Referred to Committee on Education and Health
01/22/18  Senate: Assigned Education sub: Health Professions
01/25/18  Senate: Reported from Education and Health with substitute (13-Y 2-N)
01/25/18  Senate: Rereferred to Courts of Justice
01/29/18  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/29/18  Senate: Committee substitute printed 18106272D-S2
01/29/18  Senate: Incorporates SB795 (Dunnavant)
01/29/18  Senate: Incorporates SB597 (Vogel)
01/29/18  Senate: Incorporates SB788 (Marsden)
01/29/18  Senate: Rereferred to Finance
02/01/18  Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/18  Senate: Read second time
02/02/18  Senate: Reading of substitute waived
02/02/18  Senate: Committee substitute rejected 18105744D-S1
02/02/18  Senate: Reading of substitute waived
02/02/18  Senate: Committee substitute agreed to 18106272D-S2
02/02/18  Senate: Engrossed by Senate - committee substitute SB726S2
02/05/18  Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18  House: Placed on Calendar
02/08/18  House: Read first time
02/08/18  House: Referred to Committee for Courts of Justice
02/20/18  House: Assigned Courts sub: Subcommittee #1
02/21/18  House: Subcommittee recommends reporting with amendment (8-Y 0-N)
02/23/18  House: Reported from Courts of Justice with amendment (18-Y 0-N)
02/27/18  House: Read second time
02/28/18  House: Taken up out of order pursuant to House Rule 52 (96-Y 0-N)
02/28/18  House: VOTE: AGREE TO MOTION (96-Y 0-N)
02/28/18  House: Read third time
02/28/18  House: Committee amendment agreed to
02/28/18  House: Emergency clause added
02/28/18  House: Engrossed by House as amended
02/28/18  House: Passed House with amendment (99-Y 0-N)
02/28/18  House: VOTE: PASSAGE (99-Y 0-N)
02/28/18  Senate: House amendment agreed to by Senate (40-Y 0-N)
03/05/18  Senate: Enrolled
03/05/18  Senate: Bill text as passed Senate and House (SB726ER)

Virginia NORML supported the passage of SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

INCORPORATED: SB 788 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen David Marsden D-37

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill increases the supply of CBD oil or THC-A oil a pharmaceutical processor may dispense from a 30-day supply to a 90-day supply. The bill reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively. The bill provides that any agent or employee of a pharmaceutical processor is authorized to deliver CBD oil or THC-A oil. Finally, the bill provides that no agent or employee of a pharmaceutical processor can be prosecuted for the possession or manufacture of marijuana or the possession, manufacture, or distribution of CBD oil or THC-A oil if such agent or employee is acting in accordance with certain statutes and regulations. Under current law, such agents and employees may be prosecuted but it is considered an affirmative defense if such agents or employees act in accordance with such statutes and regulations.

01/10/18  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Incorporated by Courts of Justice into SB726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 788. SB 788 was incorporated into SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

 

INCORPORATED: SB 795 CBD oil and THC-A oil; certification for use; dispensing.

Chief patron: Sen Siobhan Dunnavant R-12
Senate patrons: Sen Lynwood Lewis D-6, Sen Jill Vogel R-27

CBD oil and THC-A oil; certification for use; dispensing. Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill also reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively.

01/10/18  Senate: Referred to Committee on Education and Health
01/22/18  Senate: Assigned Education sub: Health Professions
01/25/18  Senate: Incorporated by Education and Health into SB726-Dunnavant (15-Y 0-N)

Virginia NORML supported the passage of SB 795. SB 795 bill was incorporated into SB 726. SB 726 succeeded and is headed to Governor Ralph Northam’s desk. It will be immediately enacted upon his signature. Learn more here.

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Prosecutorial (10)

DEFEATED: HB 88 Marijuana field test; evidence at trial.

Chief patron: Del Patrick Hope D-47

Marijuana field test; evidence at trial. Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.

12/09/17  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/31/18  House: Subcommittee recommends reporting (7-Y 0-N)
02/05/18  House: Reported from Courts of Justice (18-Y 0-N)
02/07/18  House: Read first time
02/08/18  House: Read second time and engrossed
02/09/18  House: Read third time and passed House (95-Y 4-N)
02/09/18  House: VOTE: PASSAGE (95-Y 4-N)
02/12/18  Senate: Constitutional reading dispensed
02/12/18  Senate: Referred to Committee for Courts of Justice
02/19/18  Senate: Passed by indefinitely in Courts of Justice (12-Y 3-N)

YEAS to the motion to pass by indefinitely: Obenshain, Norment, Edwards, McDougle, Stuart, Stanley, Reeves, Chafin, Deeds, Sturtevant, Petersen, Peake—12
NAYS to motion to pass by indefinitely:  Saslaw, Howell, Lucas—3.

Virginia NORML took no position on HB 88. HB 88 was defeated in Senate Courts of Justice in a 12-3 vote.

 

SUCCEEDED: HB 188 Sentence reduction; substantial assistance to prosecution.

Chief patron: Del Chris Collins R-29

Sentence reduction; substantial assistance to prosecution. Allows a convicted person's sentence to be reduced if such person provides substantial assistance, defined in the bill, in the furtherance of the investigation or prosecution of another person engaged in an act of violence or for offenses involving the manufacture or distribution of controlled substances or marijuana. Sentence reduction can occur only upon motion of the attorney for the Commonwealth.

12/26/17  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/19/18  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/29/18  House: Reported from Courts of Justice with substitute (18-Y 0-N)
01/29/18  House: Committee substitute printed 18105628D-H1
01/29/18  House: Incorporates HB203 (Mullin)
01/31/18  House: Read first time
02/01/18  House: Read second time
02/01/18  House: Committee substitute agreed to 18105628D-H1
02/01/18  House: Engrossed by House - committee substitute HB188H1
02/02/18  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/18  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/05/18  Senate: Constitutional reading dispensed
02/05/18  Senate: Referred to Committee for Courts of Justice
02/12/18  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/12/18  Senate: Committee substitute printed 18107095D-S1
02/13/18  Senate: Constitutional reading dispensed (39-Y 0-N)
02/14/18  Senate: Read third time
02/14/18  Senate: Reading of substitute waived
02/14/18  Senate: Committee substitute agreed to 18107095D-S1
02/14/18  Senate: Engrossed by Senate - committee substitute HB188S1
02/14/18  Senate: Passed Senate with substitute (40-Y 0-N)
02/16/18  House: Placed on Calendar
02/16/18  House: Senate substitute agreed to by House 18107095D-S1 (96-Y 0-N)
02/16/18  House: VOTE: ADOPTION (96-Y 0-N)
02/16/18  House: Reconsideration of Senate substitute agreed to by House
02/16/18  House: Passed by for the day
02/19/18  House: Passed by for the day
02/20/18  House: Passed by until Tuesday, February 27, 2018
02/27/18  House: Senate substitute rejected by House 18107095D-S1 (0-Y 99-N)
02/27/18  House: VOTE: REJECTED (0-Y 99-N)
03/01/18  Senate: Senate insisted on amendment (39-Y 0-N)
03/01/18  Senate: Senate requested conference committee
03/02/18  House: House acceded to request
03/02/18  House: Conferees appointed by House
03/02/18  House: Delegates: Collins, Leftwich, Mullin
03/05/18  Senate: Conferees appointed by Senate
03/05/18  Senate: Senators: Stanley, Obenshain, Deeds
03/07/18  Conference: Amended by conference committee
03/07/18  House: Conference substitute printed 18108027D-H2
03/08/18  House: Conference report agreed to by House (97-Y 0-N)
03/08/18  House: VOTE: ADOPTION (97-Y 0-N)
03/08/18  Senate: Conference report agreed to by Senate (40-Y 0-N)

Virginia NORML currently takes no position on HB 188. HB 188 succeeded and will be communicated to the governor.

 

INCORPORATED: HB 203 Sentence reduction; substantial assistance to prosecution.

Chief patron: Del Mike Mullin D-93

Sentence reduction; substantial assistance to prosecution. Allows a convicted person's sentence to be reduced if such person provides substantial assistance, defined in the bill, in the furtherance of the investigation or prosecution of another person engaged in an act of violence or for offenses involving the manufacture or distribution of controlled substances or marijuana. Sentence reduction can occur only upon motion of the attorney for the Commonwealth.

12/28/17  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/19/18  House: Subcommittee recommends incorporating into HB188-Collins by voice vote

Virginia NORML took no position on HB 203. HB 203 was incorporated into HB 188.

 

DEFEATED: HB 595 Overdoses; safe reporting.

Chief patron: Del Betsy Carr D-69

Safe reporting of overdoses. Extends to an individual experiencing a drug-related or alcohol-related overdose the affirmative defense to prosecution for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol, if another individual, in good faith, sought or obtained emergency medical attention for the individual experiencing the overdose. Under current law, the affirmative defense applies only to an individual who sought or obtained emergency medical attention for another individual experiencing an overdose or to an individual who sought or obtained emergency medical attention for himself.

01/08/18  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/17/18  House: Subcommittee recommends passing by indefinitely (7-Y 1-N)

YEAS to motion to pass by indefinitely: Gilbert, Bell, Robert B., Cline, Adams, L.R., Collins, Watts, Mullin—7.
NAYS to motion to pass by indefinitely: Herring—1.

Virginia NORML supported the passage of HB 595. HB 595 was defeated in House Criminal Law Subcommittee (#1) on a 7-1 vote.

 

DEFEATED: HB 645 Strip searches; authorized search of certain misdemeanants, etc.

Chief patron: Del Patrick Hope D-47

Strip searches of certain misdemeanants, etc. Authorizes the strip search of a person in custodial arrest for a traffic infraction, a Class 3 or Class 4 misdemeanor, or a local ordinance punishable by no more than 30 days in jail for a controlled substance if a law-enforcement officer has reasonable cause to believe that such person is concealing such substance. Currently, only strip searches of such persons for weapons is allowed.

01/09/18  House: Referred to Committee for Courts of Justice
01/16/18  House: Assigned Courts sub: Subcommittee #1
01/24/18  House: Subcommittee recommends passing by indefinitely (8-Y 0-N)

Virginia NORML opposed the passage of 645. HB 645 was defeated in House Subcommittee #1 (Criminal Law) by a unanimous vote.

 

SUCCEEDED: SB 35 Sentence reduction; substantial assistance to prosecution.

Chief patron: Sen William Stanley R-20
House patron: Del Kaye Kory D-38

Sentence reduction; substantial assistance to prosecution. Allows a convicted person's sentence to be reduced if such person provides substantial assistance, defined in the bill, in the furtherance of the investigation or prosecution of another person engaged in an act of violence or for offenses involving the manufacture or distribution of controlled substances or marijuana. Sentence reduction can occur only upon motion of the attorney for the Commonwealth.

11/20/17 Senate: Referred to Committee for Courts of Justice
01/24/18 Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
01/26/18  Senate: Constitutional reading dispensed (35-Y 0-N)
01/29/18  Senate: Read second time
01/29/18  Senate: Reading of amendments waived
01/29/18  Senate: Committee amendments agreed to
01/29/18  Senate: Engrossed by Senate as amended SB35E
01/29/18  Senate: Printed as engrossed 18100459D-E
01/30/18  Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18  House: Placed on Calendar
02/05/18  House: Read first time
02/05/18  House: Referred to Committee for Courts of Justice
02/23/18  House: Assigned Courts sub: Subcommittee #1
02/26/18  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
03/02/18  House: Reported from Courts of Justice with substitute (16-Y 0-N)
03/02/18  House: Committee substitute printed 18107641D-H1
03/06/18  House: Read second time
03/07/18  House: Read third time
03/07/18  House: Committee substitute agreed to 18107641D-H1
03/07/18  House: Engrossed by House - committee substitute SB35H1
03/07/18  House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
03/07/18  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
03/08/18  Senate: House substitute rejected by Senate (0-Y 40-N)
03/08/18  Senate: Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
03/08/18  Senate: House substitute agreed to by Senate (39-Y 1-N)
03/08/18  Senate: Title replaced 18107641D-H1

Virginia NORML currently takes no position on SB 35. SB 35 succeeded and will be communicated to the governor.

 

DEFEATED: SB 40 Marijuana; reduced penalties for distribution or possession with intent to distribute.

Chief patron: Sen Barbara Favola D-31
Senate patron: Sen Mamie Locke D-2
House patron: Del Kaye Kory D-38

Marijuana; reduced penalties for distribution or possession with intent to distribute. 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 reduces the criminal penalties for distribution of or possession with intent to distribute certain greater weights of marijuana and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.

11/21/17  Senate: Referred to Committee for Courts of Justice
01/29/18  Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

YEAS to motion to report to Senate for vote: Saslaw, Howell, Lucas, Edwards, Deeds, Petersen—6.
NAYS to motion to report to Senate for vote: Obenshain, Norment, McDougle, Stuart, Stanley, Reeves, Chafin, Sturtevant, Peake—9.

Virginia NORML supported the passage of SB 40. SB 40 was defeated in Senate Courts of Justice Committee on a party line vote, 6-9.

 

WITHDRAWN: SB 68 Strip searches; authorized search of certain misdemeanants, etc.

Chief patron: Sen Janet Howell D-32
House patron: Del Kaye Kory D-38

Strip searches of certain misdemeanants, etc. Authorizes the strip search of a person in custodial arrest for a traffic infraction, a Class 3 or Class 4 misdemeanor, or a local ordinance punishable by no more than 30 days in jail for controlled substances, marijuana, or other contraband if a law-enforcement officer has reasonable cause to believe that such person is concealing any of these items. Currently, only strip searches of such persons for weapons is allowed.

11/30/17  Senate: Referred to Committee for Courts of Justice
01/15/18  Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

Virginia NORML opposed the passage of SB 68. Senator Howell withdrew SB 68.

 

CONTINUED: SB 110 Marijuana field test; evidence at trial.

Chief patron: Sen Janet Howell D-32

Marijuana field test; evidence at trial. Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.

12/14/17  Senate: Referred to Committee for Courts of Justice
01/24/18  Senate: Continued to 2019 in Courts of Justice (15-Y 0-N)

Virginia NORML took no position on SB 110. SB 110 was continued to 2019 in Senate Courts of Justice.

 

DEFEATED: SB 408 Hashish oil; definition.

Chief patron: Sen Ryan McDougle R-4

Hashish oil; definition. Adds to the definition of hashish oil any waxy or solid extract containing one or more cannabinoids, excluding any such waxy or solid extract with a combined tetrahydrocannabinol and tetrahydrocannabinol acid content of less than 12 percent by weight.

01/09/18  Senate: Referred to Committee for Courts of Justice
01/22/18  Senate: Reported from Courts of Justice (14-Y 0-N)
01/22/18  Senate: Rereferred to Finance
01/31/18  Senate: Passed by indefinitely in Finance (16-Y 0-N)

Virginia NORML took no position on SB 408. SB 408 was defeated unanimously in Senate Finance Committee.

 

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Social Services (4)

DEFEATED: HB 1242 View; substance abuse screening and assessment of public assistance applicants and recipients.

Chief patron: Del Ben Cline R-20

Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal drugs, the Department of Social Services shall require drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year unless, in the case of a positive test result, such person enters into a drug treatment program.

01/10/18  House: Referred to Committee on Health, Welfare and Institutions
01/22/18  House: Assigned HWI sub: Subcommittee #3
01/30/18  House: Subcommittee recommends passing by indefinitely (5-Y 1-N)

YEAS to motion to pass by indefinitely: Orrock, Garrett, Helsel, James, Levine—5.
NAYS to motion to pass by indefinitely: Bell, Richard P.—1.

Virginia NORML opposed the passage of HB 1242. HB 1242 was defeated in HWI Subcommittee #3.

 

LEFT IN COMMITTEE: HB 1429 Social Services, Department of; collection of data regarding substance abuse.

Chief patron: Del Jennifer Carroll Foy D-2
Chief co-patron: Del Luke Torian D-52

Department of Social Services; collection of data regarding substance abuse that results in removal of child from home. Provides that whenever the primary reason for removing a child from his home by a local board of social services is categorized as substance abuse by his parent or guardian, including removal due to in utero drug exposure, the Department of Social Services shall, to the extent possible, collect and record information regarding the specific drugs taken by the parent or guardian. The bill requires the Department to develop a process and system to collect, collate, and report such data by July 1, 2019, and to implement such process and system by July 1, 2020.

01/16/18  House: Referred to Committee on Health, Welfare and Institutions
01/19/18  House: Assigned HWI sub: Subcommittee #2
02/06/18  House: Subcommittee recommends reporting with amendment (10-Y 0-N)
02/06/18  House: Subcommittee recommends referring to Committee on Appropriations
02/06/18  House: Reported from Health, Welfare and Institutions with amendment (22-Y 0-N)
02/06/18  House: Referred to Committee on Appropriations
02/06/18  House: Assigned App. sub: Health & Human Resources
02/09/18  House: Subcommittee recommends laying on the table (5-Y 3-N)
02/13/18  House: Left in Appropriations

YEAS to motion to lay the bill on the table: Garrett, Ingram, Landes, Stolle, Pillion—5.
NAYS to motion to lay the bill on the table: Sickles, James, Aird—3.

Virginia NORML took no position on HB 1429. HB 1429 was defeated in House Appropriations Health & Human Services Subcommittee on a party line vote, 5-3.

DEFEATED: SB 203 Food stamp eligibility; drug-related felonies.

Chief patron: Sen Barbara Favola D-31

Food stamp eligibility; 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 first-time felony offense of possession with intent to distribute more than one-half ounce but not more than five pounds of marijuana, provided that he complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. Current law prohibits denial of such benefits only if such persons have been convicted of felony possession of a controlled substance.

01/02/18  Senate: Referred to Committee on Rehabilitation and Social Services
01/19/18  Senate: Reported from Rehabilitation and Social Services (8-Y 6-N)
01/19/18  Senate: Rereferred to Finance
01/31/18  Senate: Failed to report (defeated) in Finance (7-Y 8-N)

YEAS to motion to report to Senate for vote: Hanger, Howell, Saslaw, Lucas, Barker, Dunnavant, Dance—7.
NAYS to motion to report to Senate for vote: Norment, Newman, Ruff, Wagner, McDougle, Carrico, Obenshain, Stuart—8.

Virginia NORML supported the passage of SB 203. SB 203 was defeated in Senate Finance Committee in a 7-8 vote.

 

DEFEATED: SB 204 TANF; eligibility, drug-related felonies.

Chief patron: Sen Barbara Favola D-31
House patron: Del Vivian Watts D-39

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 assistance solely because he has been convicted of a first-time felony offense of possession of a controlled substance, provided that he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed a substance abuse treatment program, and participates in drug screenings. The bill provides that a person who fails or refuses to participate in periodic drug testing or who tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, such person is given one opportunity during the 12-month period to comply with the testing requirement and be reinstated to eligibility for TANF benefits.

01/02/18  Senate: Referred to Committee on Rehabilitation and Social Services
01/19/18  Senate: Reported from Rehabilitation and Social Services with amendments (8-Y 6-N)
01/19/18  Senate: Rereferred to Finance
01/31/18  Senate: Failed to report (defeated) in Finance (7-Y 8-N)

YEAS to motion to report to Senate for vote: Hanger, Howell, Saslaw, Lucas, Barker, Dunnavant, Dance—7.
NAYS to motion to report to Senate for vote: Norment, Newman, Ruff, Wagner, McDougle, Carrico, Obenshain, Stuart—8.

Virginia NORML supported the passage of SB 204. SB 204 was defeated in Senate Finance Committee in a 7-8 vote.

We often get asked, why can’t we just put marijuana on the ballot in Virginia? Why can’t we let the people vote on it?

If we could, we’d probably have legal cannabis a lot sooner. After all, 54% of Virginians support allowing adults to legally possess it.

But unfortunately, we can’t put cannabis on the ballot, because Virginia law doesn’t allow it.

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