Virginia’s effort to revisit outdated cannabis convictions is moving forward again, though in a revised form that shifts how people access relief.
Governor Abigail Spanberger’s amendments to SB 62 / HB 26 replace the bill’s original automatic resentencing framework with a petition-based process. The legislation is intended to give courts the ability to reconsider marijuana-related sentences for people still incarcerated or under supervision for offenses that no longer reflect current law.
Under the version initially passed by lawmakers, state agencies would have identified eligible individuals, notified them, and coordinated with courts to ensure hearings were scheduled. With the Governor’s changes, that responsibility now falls on individuals to file petitions themselves, often while navigating incarceration or supervision without guaranteed legal assistance.
The revisions also change the timeline for how cases move forward. Instead of requiring courts to schedule hearings by January 1, 2027, individuals must now file a petition for a hearing by that date. A separate requirement that hearings be completed by April 1, 2027 has also been removed, adding another layer of uncertainty around how and when cases may ultimately be reviewed.
National advocacy groups, including the Last Prisoner Project, have framed the amended bill as progress, even as it departs from the automatic model they supported. The organization has worked across multiple states on cannabis clemency efforts and has been involved in Virginia’s legislative process in recent years.
Within Virginia, local advocates and community organizations have continued to push the issue through multiple legislative cycles, working with lawmakers to keep resentencing on the agenda as legalization moved forward.
Chelsea Higgs Wise of Marijuana Justice Virginia, who has been involved in advancing the legislation over several sessions, described the amended bill as a step in the right direction despite the changes.
“I am pleased to have worked with the legislators and community to get this as far as we could,” Wise said. “As we would have liked the automatic hearings to be included, we still see this as a required step for Virginia reform.”
The legislation has been introduced in various forms since 2022 and only recently gained traction after earlier versions stalled in committee or were vetoed. Estimates tied to the original framework suggested roughly 1,300 Virginians could be eligible for relief, including individuals who remain incarcerated, on probation, or under community supervision for offenses that predate legalization.
Delegate Rozia Henson, one of the bill’s patrons, pointed to the shift in responsibility under the amended version, noting that it changes “whether the people who do qualify will have to find their own way to the courthouse door.”
“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.
He added that while the amended bill still creates a path forward, “a petition pathway is a real pathway,” but “acceptance is not the same as agreement.”
The legislation now returns to the General Assembly, which is set to reconvene on April 22 for its veto session, where lawmakers will decide whether to accept the Governor’s recommendations. During that session, lawmakers vote to accept or reject the Governor’s amendments. If they reject them, they can attempt to override or send the bill back into negotiation.
The issue extends beyond sentencing alone. Virginia’s proposed cannabis marketplace includes provisions for “impact licenses,” intended for individuals affected by past enforcement. Without modifications to existing sentences, some of those individuals could remain ineligible to participate in the legal industry.
Advocates have also pointed to longstanding disparities in enforcement as part of the broader context for the bill. Data has shown that Black Virginians have been disproportionately arrested for marijuana-related offenses, despite similar rates of use, raising questions about how legalization addresses past harm.
As lawmakers prepare to take up the amended bill, the focus has shifted toward how accessible the process will be for those it is intended to reach, and whether additional support systems will be needed to ensure eligible individuals can pursue relief.
For now, the measure remains one of the more concrete steps Virginia has taken toward revisiting cannabis-related convictions, even as questions about implementation continue to shape the conversation.
Photo by Larry Farr
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