Virginia Governor Signs Marijuana Resentencing Law After Lawmakers Reject Amendments

Virginia Governor Abigail Spanberger has officially signed legislation providing automatic resentencing hearings for individuals with past marijuana convictions, marking a significant step for criminal justice reform in the state. The new law, passed as HB 26 and SB 62, survived despite Spanberger’s attempt to introduce amendments that would have limited its scope, including a proposal to shift the burden onto individuals to petition for relief themselves. Lawmakers in both the House and Senate rejected these changes, sending the original, more expansive bill back to the governor for approval

The legislation establishes that people currently incarcerated or under community supervision for certain felony marijuana offenses—such as possession, manufacture, sale, or distribution—will be automatically considered for sentence modification. The reform specifically applies to offenses committed before July 1, 2021, the date when Virginia legalized personal possession and home cultivation of cannabis. State and local corrections officials are now tasked with identifying those eligible, notifying them of their rights, and working with courts to schedule hearings, all without requiring action from the affected individuals

Rep. Rozia Henson, Jr., sponsor of the House bill, voiced concern that requiring people to file petitions could have excluded many from relief. "If the commonwealth changed the law, it has an obligation to revisit the consequences still being borne by people convicted under the old one," Henson stated. He also emphasized that the law already excludes those convicted of violent offenses, addressing the governor's concerns about public safety. "I share the governor’s commitment to ensuring that violent offenders are not eligible for this relief; and that commitment is reflected in the bill itself, which already excluded individuals convicted of acts of violence under Virginia law," Henson added

Governor Spanberger’s office, in a press release, claimed her proposed amendments were intended to ensure that individuals convicted of violent crimes or offenses involving dangerous drugs would not be eligible for resentencing. However, advocates and lawmakers pointed out that the original legislation already contained such exclusions, making the amendments redundant and potentially harmful by removing the automatic process. The legislature’s decision to reject the amendments reflects a growing consensus that proactive resentencing is crucial for justice reform, especially given the state’s shift in marijuana policy

This resentencing law comes as Virginia awaits Spanberger’s decision on separate legislation to legalize recreational marijuana sales, following the legislature’s rejection of her proposed changes to that measure as well. In addition, Spanberger has recently approved other cannabis reform bills, including protections for parental rights of marijuana consumers and expanded access to medical cannabis in hospitals. According to Marijuana Moment, similar resentencing legislation was vetoed last year by former Governor Glenn Youngkin, highlighting the significance of this year’s enactment

From the OG Lab newsroom perspective, Virginia’s decision to enact automatic resentencing for past marijuana convictions signals a concrete shift toward restorative justice. This approach not only addresses the harm caused by prior cannabis laws but also sets a precedent for other states grappling with post-legalization criminal justice reform. Stakeholders across the industry will be watching closely as Virginia implements these changes and considers further expansion of its legal cannabis market