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VIRGINIA, USA — Thousands of Virginians convicted under the state’s former marijuana laws could soon have a path toward reduced sentences or other relief under new legislation signed this week by Governor Abigail Spanberger.
Five years after Virginia legalized adult-use marijuana, the state is taking another step in its criminal justice reform efforts.
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House Bill 26 and Senate Bill 62 establish a resentencing process for certain marijuana-related convictions handed down before Virginia legalized adult-use marijuana in 2021. The legislation applies to people still incarcerated, on probation, or otherwise impacted by convictions tied to conduct that is now legal under state law.
The bills were authored by Delegate Rozia Henson of Fairfax and Senator Louise Lucas of Portsmouth.
Before signing the legislation, Spanberger proposed amendments that would have removed automatic notifications and automatic hearings for eligible individuals, which advocates argued would significantly narrow access to relief. The General Assembly rejected those amendments and returned the original version of the bill to the governor, who signed it into law this week.
“This was a really special bill to so many people inside, outside and to family members,” said Chelsea Higgs Wise, executive director of Marijuana Justice.
Advocates say the legislation is designed to address a gap left behind when Virginia legalized adult-use marijuana five years ago.
“In 2021, Virginia legalized adult use, possession, consumption and even home cultivation for adults, but unfortunately, we did nothing to bring relief for people still inside of prisons, jails, on probation or with past, even juvenile, offenses,” Higgs Wise said.
Under the new law, people convicted solely of marijuana-related offenses before legalization took effect will automatically receive resentencing hearings. Individuals whose marijuana convictions are tied to certain violent offenses will not automatically qualify but may still petition the court for resentencing consideration.
By Sept. 1, the Virginia Department of Corrections must create a list of eligible individuals and begin notifying court clerks and people who may qualify for relief.
“Those who are eligible have any type of marijuana past crime prior to 2021,” Higgs Wise said.
Judges reviewing the cases will be required to reconsider sentences while taking into account that marijuana is now legal in Virginia.
Supporters say the legislation could impact thousands of Virginians still navigating the long-term consequences of marijuana convictions, including barriers related to employment, housing and incarceration.
Advocates also emphasize that the resentencing process will only be available for a limited time. The law includes a sunset provision ending the program in 2029, meaning courts are expected to complete hearings over the next several years.
“This entire process will sunset in 2029, so if anyone knows someone who could possibly qualify for this type of relief, please start talking to them and keep an eye out for this fall to be notified and to make sure that everyone gets their hearing,” Higgs Wise said.
Supporters describe the legislation as one of the most significant marijuana justice reforms Virginia has passed since legalization and say they will be closely watching how quickly resentencing reviews begin.
Another major marijuana policy decision is still pending in Virginia. Spanberger is expected to announce by May 23 whether the state will move forward with a legal retail marijuana market. Advocates argue resentencing relief should remain a priority before the launch of retail sales, saying reform efforts should focus on justice as much as revenue.