Virginia Governor Approves Automatic Resentencing For Marijuana Offenses

Virginia Gov. Abigail Spanberger this week signed legislation that gives people with past marijuana convictions a path to seek resentencing. Spanberger approved the bill without the changes she had asked lawmakers to make, after the General Assembly declined to send back a revised version.

“As laws have changed in Virginia, it is important to ensure that those who have been previously convicted of offenses under since-changed laws receive fair treatment and sentencing review. My administration will work to ensure this process is implemented effectively across the Commonwealth,” Spanberger said in a press release cited by Marijuana Moment. “For decades, marijuana enforcement disproportionately impacted minority communities and communities of color, contributing to inequities in the criminal justice system that Virginia must no longer ignore.”

Spanberger signed the bills, HB 26 from Del.Rozia Henson, Jr., and SB 62 from Senate President Pro Tem Louise Lucas, on Thursday. Under the measures, individuals with certain felony convictions for possession, distribution, manufacturing, or sales of marijuana will automatically receive a hearing to consider resentencing relief. The governor had asked for amendments that would have required affected individuals to proactively petition the court for relief, but neither the Virginia Senate nor the House of Delegates acted on the proposal.

Henson said that “for too long, Virginians have remained behind bars for conduct the Commonwealth no longer treats as a crime.”

“That changes now. After years of similar efforts being blocked under the previous administration, Virginia now has a process to revisit cannabis sentences that no longer reflect current law; families who have been waiting will finally have a path home,” he said. “Marijuana enforcement fell hardest on Black Virginians and communities of color for decades. This law begins to right that wrong; the Commonwealth still has work to do. Virginia made a promise when it legalized cannabis. Today, we kept it.”

Legalization Paired with Restorative Justice

Kevin Caldwell, the southeast legislative manager for the cannabis reform advocacy group Marijuana Policy Project, says that “As more states end cannabis prohibition, it is vital to remember the social justice aspect of these reforms.”

“A state doing everything in its power, including making possible resentencing efforts automatic rather than putting the impetus for these actions on the individual, is critical,” Caldwell writes in an email to IgniteIt. “The data shows that prohibition enforcement was lopsided against people of color and the working poor. Those are the exact audience that may not know  or know how to navigate the criminal justice system. I applaud the governor for signing this legislation into law.”

Recreational Sales Bill Still Pending

Spanberger also asked for amendments to legislation to legalize and regulate sales of adult-use cannabis, more than five years after the state legalized possession and personal cultivation of recreational weed. Lawmakers have also refused to adopt those changes, leaving the bills pending. 

“The governor tried to heavily amend the sales bill, and the General Assembly was right to reject those amendments. The governor should have engaged during the session with her concerns, instead of waiting until after the session,” said Caldwell. “The legislature and the executive branches of government are coequal partners. The governor has expressed concerns about going slow, yet the General Assembly has had multiple studies and three years of debate on this issue. It is not the legislature’s fault that the governor was serving the people of Virginia in Congress during that time period. The General Assembly has done its due diligence. MPP strongly urges the governor to respect her campaign promises and allow the bills to become law.”

“The governor wanted to re-criminalize public consumption of cannabis, a civil fine for the past five years. The state changed those laws that were passed by bipartisan majorities. If she wants to have this debated, it needs to go through the normal legislative process,” he added. “She should have an ally sponsor legislation next session, if that is still a priority. Holding up something as important as legal sales, which has a public safety element, over other aspects of the statute makes no sense. The illicit market will continue to thrive until regulated sales are launched. MPP hopes the governor signs this into law!”

Spanberger has until May 22 to sign or veto the retail sales legislation. After that date, the bill will become law without her signature.