VirginiaSB622026 Regular SessionSenate

Marijuana-related offenses; modification of sentence, sunset.

Sponsored By: L. Louise Lucas (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 HB 26.

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Bill Overview

Analyzed Economic Effects

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

Hearings to reduce old marijuana sentences

Courts now review some old marijuana felony sentences. You qualify if the offense happened before July 1, 2021, it was under listed marijuana laws, and you are still in jail or on probation or community supervision on July 1, 2026. The sentencing court must set a hearing by January 1, 2027. If you also had another conviction at that time that was not an act of violence, the court must set a hearing by April 1, 2027. At the hearing, the court considers that marijuana is now legal and shall reduce, vacate, or change your sentence, including to time served or removal from supervision, unless the Commonwealth shows it is not in the public interest. Any new sentence cannot be longer than the original. The Commonwealth is a party and gets notice.

Faster reviews, free counsel, limited appeals

By September 1, 2026, prisons, jails, and juvenile authorities must list who qualifies, send names to the sentencing courts, and tell people they may be eligible and can ask for a lawyer. Court clerks must alert judges within 30 days, and judges must set hearings by the required 2027 dates. If you qualify, you can get a court‑appointed lawyer with no filing fee; if you were found indigent before, you get a lawyer without filing. After your hearing, the court must decide within 30 days and, if it denies a change, must write the reasons and provide copies. When a sentence is changed, the clerk must notify the Sentencing Commission, State Police, and the facility within five days. You generally cannot use the modification decision to seek habeas or appeals relief unless the decision was contrary to law. These procedures apply through July 1, 2029.

Sponsors & Cosponsors

Sponsor

  • L. Louise Lucas

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 205 • No: 102

Senate vote • 4/22/2026

Passed by for the day Block Vote

Yes: 21 • No: 18

Senate vote • 3/6/2026

House substitute agreed to by Senate

Yes: 21 • No: 19

House vote • 3/4/2026

Passed House with substitute

Yes: 65 • No: 34

House vote • 3/2/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

Senate vote • 2/16/2026

Read third time and passed Senate

Yes: 21 • No: 17

Senate vote • 2/13/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote • 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/11/2026

Reported from Finance and Appropriations

Yes: 10 • No: 4 • Other: 1

Senate vote • 2/4/2026

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

Yes: 12 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1104)

    5/14/2026Governor
  2. Approved by Governor-Chapter 1104 (effective 7/1/2026)

    5/14/2026Governor
  3. Passed by for the day Block Vote (21-Y 18-N 0-A)

    4/22/2026Senate
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/22/2026Governor
  5. Communicated to Governor

    4/22/2026Senate
  6. Governor's recommendation received by Senate

    4/13/2026Governor
  7. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  8. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  9. Fiscal Impact Statement from Department of Planning and Budget (SB62)

    3/13/2026Senate
  10. Bill text as passed Senate and House (SB62ER)

    3/12/2026Senate
  11. Enrolled

    3/12/2026Senate
  12. Signed by President

    3/12/2026Senate
  13. Signed by Speaker

    3/12/2026House
  14. House substitute agreed to by Senate (21-Y 19-N 0-A)

    3/6/2026Senate
  15. Fiscal Impact Statement from Department of Planning and Budget (SB62)

    3/5/2026Senate
  16. Passed House with substitute (65-Y 34-N 0-A)

    3/4/2026House
  17. Engrossed by House - committee substitute

    3/4/2026House
  18. committee substitute agreed to

    3/4/2026House
  19. Read third time

    3/4/2026House
  20. Read second time

    3/3/2026House
  21. Committee substitute printed 26109047D-H1

    3/2/2026House
  22. Reported from Courts of Justice with substitute (15-Y 7-N)

    3/2/2026House
  23. Referred to Committee for Courts of Justice

    2/19/2026House
  24. Read first time

    2/19/2026House
  25. Placed on Calendar

    2/19/2026House

Bill Text

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