Virginia Lawmaker Accepts Governor’s Scaled-Back Marijuana Resentencing Bill

Virginia's effort to provide resentencing relief for individuals with past marijuana convictions is moving forward with significant changes, following amendments proposed by Governor Abigail Spanberger. Delegate Rozia Henson Jr., the sponsor of HB 26, confirmed he will accept the governor's revisions to the bill, despite reservations about their impact on affected communities. The original legislation aimed to create an automatic process for people incarcerated or under supervision for certain marijuana-related felonies to receive hearings for possible sentence modifications

Under the amendments introduced by Governor Spanberger, the process would shift from automatic hearings to a petition-based system, requiring individuals to proactively seek relief. "The amendment shifts that entire burden onto individuals navigating incarceration or active supervision; often without the information or resources to file a petition on their own," Henson stated. The governor's office emphasized that her changes would ensure violent offenders remain ineligible for resentencing, clarifying that reconsideration would not apply to offenses such as armed burglary or distribution of dangerous drugs

The relief measures would apply to convictions for conduct that occurred before July 1, 2021, the date when Virginia legalized personal marijuana possession and home cultivation. Previously, the bill required corrections officials to identify and notify eligible individuals and automatically schedule hearings, a process Henson argued would prevent anyone from being overlooked due to lack of legal representation or knowledge. Despite his concerns, Henson acknowledged the need for compromise, saying, "A petition pathway is a real pathway, and I am not willing to let the perfect be the enemy of the good when people’s freedom is at stake. But acceptance is not the same as agreement."

Governor Spanberger's amendments also remove deadlines for court hearings on resentencing relief, a change that could slow the process for those seeking relief. The governor did not publicly address the removal of automatic relief provisions in her press release, focusing instead on exclusions for violent offenses. Henson expressed commitment to supporting impacted communities, pledging to help legal aid organizations and public defenders assist eligible individuals in navigating the new requirements. "The communities most harmed by decades of marijuana enforcement deserve a process that meets them where they are; not one that requires them to navigate the legal system alone while still behind bars," Henson said

This legislative effort follows similar bills previously passed by Virginia lawmakers, which were vetoed by former Governor Glenn Youngkin. In parallel, Governor Spanberger is proposing major amendments to other cannabis legislation, including delaying the start date for recreational marijuana sales, increasing taxes, and adding new penalties for consumers. Lawmakers sponsoring those bills have voiced opposition to her changes, though unlike Henson, they have not indicated a willingness to accept them

From the OG Lab newsroom perspective, Virginia’s decision to accept a petition-based resentencing process represents a pragmatic, if imperfect, step toward cannabis justice reform. The shift places a greater burden on individuals seeking relief, highlighting the ongoing challenges faced by those impacted by past marijuana laws. As Virginia continues to refine its cannabis policies, industry stakeholders and advocates will be watching closely to see how these changes affect real-world access to relief and the broader push for equitable reform