VirginiaHB262026 Regular SessionHouse

Marijuana-related offenses; modification of sentence, sunset.

Sponsored By: Rozia A. Henson, Jr. (Democratic)

Signed by Governor

Summary

Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to SB 62.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Sentence reviews for Virginia marijuana offenders

Virginia creates a temporary sentence-review process for adults convicted, and youths found delinquent, for listed felony marijuana offenses. Offenses must have occurred before July 1, 2021. Covered offenses include marijuana possession, manufacture, sale, distribution, transportation, and delivery. People must have received jail, juvenile or adult corrections, probation, or community supervision sentences. They must still be incarcerated or supervised for those offenses, including supervision violations, on July 1, 2026. Original sentencing courts must schedule hearings by January 1, 2027, for the marijuana-only track. The deadline is April 1, 2027, for the track covering people who also had other convictions at that time. Those other convictions cannot include a legally defined act of violence. Corrections agencies, sheriffs, and regional jail directors must identify eligible people and notify them by September 1, 2026. They must also send electronic lists to sentencing court clerks. Clerks have 30 days to notify judges, who must schedule the hearings. Eligible people can request appointed counsel and submit an indigency statement using a Supreme Court form, without a filing fee. People found indigent at their original sentencing get counsel for the hearing without filing a petition. Prosecutors must receive notice and are parties to the case. Courts must consider marijuana legalization and can reduce sentences to time served, cancel sentences, otherwise change them, or end supervision. Relief is not guaranteed: prosecutors can block it by proving a change conflicts with the public interest. Courts cannot increase the original punishment or exceed the original sentence length. Courts must issue written decisions within 30 days after hearings. Denials require written explanations to the person, their lawyer if any, and the prosecutor. Within five days, clerks must send modification orders to the sentencing commission, State Police, and the facility holding the person. Decisions do not themselves support an appeal or habeas challenge unless the order violates law. The process overrides conflicting laws or court rules, provides no new funding, and expires July 1, 2029.

Sponsors & Cosponsors

Sponsor

  • Rozia A. Henson, Jr.

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 323 • No: 212

Senate vote • 3/12/2026

Senate receded from amendment

Yes: 21 • No: 19

House vote • 3/12/2026

Senate substitute rejected by House

Yes: 0 • No: 96

Senate vote • 3/12/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 3/12/2026

Reconsider receding from amendment agreed to by Senate

Yes: 40 • No: 0

Senate vote • 3/11/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 3/11/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/11/2026

Reconsideration of Senate passage agreed to by Senate

Yes: 40 • No: 0

Senate vote • 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote • 3/9/2026

Reported from Finance and Appropriations

Yes: 10 • No: 4

Senate vote • 3/2/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 6

House vote • 2/17/2026

Read third time and passed House

Yes: 63 • No: 34

House vote • 2/11/2026

Reported from Appropriations

Yes: 16 • No: 6

House vote • 2/11/2026

Subcommittee recommends reporting

Yes: 4 • No: 1

House vote • 1/28/2026

Reported from Courts of Justice with substitute and referred to Appropriations

Yes: 19 • No: 0

House vote • 1/28/2026

Reported from Courts of Justice with substitute and referred to Appropriations

Yes: 14 • No: 6

House vote • 1/23/2026

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 8 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1103)

    5/14/2026Governor
  2. Approved by Governor-Chapter 1103 (effective 7/1/2026)

    5/14/2026Governor
  3. Passed by for the day

    4/23/2026House
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/23/2026Governor
  5. Communicated to Governor

    4/23/2026House
  6. Passed by for the day

    4/22/2026House
  7. Governor's recommendation received by House

    4/13/2026Governor
  8. Fiscal Impact Statement from Department of Planning and Budget (HB26)

    3/31/2026House
  9. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  10. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  11. Signed by Speaker

    3/31/2026House
  12. Bill text as passed House and Senate (HB26ER)

    3/30/2026House
  13. Enrolled

    3/30/2026House
  14. Signed by President

    3/30/2026Senate
  15. Senate receded from amendment (21-Y 19-N 0-A)

    3/12/2026Senate
  16. Reconsider receding from amendment agreed to by Senate (40-Y 0-N 0-A)

    3/12/2026Senate
  17. Senate substitute rejected by House (0-Y 96-N 0-A)

    3/12/2026House
  18. Passed Senate with substitute (21-Y 19-N 0-A)

    3/12/2026Senate
  19. Reconsideration of Senate passage agreed to by Senate (40-Y 0-N 0-A)

    3/11/2026Senate
  20. Passed Senate with substitute (21-Y 19-N 0-A)

    3/11/2026Senate
  21. Courts of Justice Substitute agreed to

    3/11/2026Senate
  22. Passed by for the day

    3/11/2026Senate
  23. Engrossed by Senate - committee substitute

    3/11/2026Senate
  24. Read third time

    3/11/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate

Bill Text

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