Governor Abigail Spanberger signed Senate Bill 62 into law late Thursday night, creating a pathway for courts to revisit certain marijuana-related convictions handed down before legalization.
The bill, officially titled “Modification of sentence for marijuana-related offenses,” establishes a resentencing process for people still incarcerated or under supervision for qualifying cannabis offenses committed before July 1, 2021, when Virginia legalized personal marijuana possession.
Unlike expungement legislation, SB 62 does not automatically erase convictions from a person’s record. Instead, the law creates a court review process that allows judges to reconsider sentences handed down under Virginia’s previous marijuana laws.
The legislation applies to certain felony marijuana offenses, including some convictions tied to possession with intent to distribute, manufacturing, transportation, conspiracy, and related probation or supervision violations connected to cannabis offenses.
One of the bill’s most significant provisions is that hearings for eligible individuals are intended to be automatic rather than requiring incarcerated people to independently navigate the court system themselves. Under the legislation, individuals still incarcerated or under active supervision as of July 1, 2026, would qualify for review, with courts expected to begin scheduling hearings by January 1, 2027.
The Virginia Department of Corrections is also expected to help identify and notify eligible individuals, shifting some of the burden onto the state rather than leaving the process entirely up to incarcerated people or their families.
Rather than automatically vacating convictions or releasing individuals, the legislation gives judges the authority to review sentences on a case-by-case basis. Judges would be allowed to consider current law, rehabilitation efforts, time already served, and the circumstances surrounding the original conviction when determining whether a sentence should be modified.
The bill is currently scheduled to sunset in 2029.
Supporters say the legislation is designed to address a growing contradiction in Virginia law: marijuana possession is now legal for adults, but many Virginians are still serving penalties tied to convictions from a previous era of enforcement.
Chelsea Higgs Wise with Marijuana Justice, who has worked on cannabis reform legislation in Virginia since 2019, said advocates pushed for years to ensure the bill included automatic notification and hearing scheduling provisions for eligible individuals rather than placing the burden entirely on incarcerated people to petition the courts themselves.
“We definitely know that this is the best iteration that we’ve had,” Higgs said. “We’re really thankful that the patrons were able to reject limits that would have made it harder for access and stuck with their guns, because now we’re seeing the reward of pushing for true justice.”
According to Higgs, the legislation could impact more than 1,200 Virginians currently incarcerated or under probation and supervision connected to marijuana convictions.
She also pointed to the automatic hearing component as one of the most important parts of the legislation, particularly for individuals whose only offense involved marijuana.
Advocates for the bill argued that requiring incarcerated individuals to independently file petitions for resentencing would have created another barrier inside an already overloaded court system, particularly for people without legal representation or awareness they may qualify for relief.
“For only marijuana, you not only get notified, but you also get your hearing automatically scheduled by a certain date,” Higgs said.
Stephanie Shepard, Executive Director of Last Prisoner Project, said the bill represents a meaningful opportunity to provide relief not just to incarcerated individuals, but also to Virginians still living under probation and parole restrictions tied to past marijuana convictions.
“Some people don’t look at probation and parole as a big deal,” Shepard said. “And to those people, I say, you’ve never been on probation or parole.”
Shepard, who previously served a 10-year federal sentence for a cannabis-related offense, said advocates feared a petition-only process could delay relief for years.
“It has to happen automatically and they already have the list,” Shepard said. “I just don’t see bogging down a system that’s already bogged down with individual petitions. That could take years.”
The bill arrives as Virginia continues debating the future of retail cannabis sales and broader criminal justice reforms tied to legalization.
Advocates have framed the legislation as part of a national “second look” movement aimed at allowing courts to reconsider sentences that no longer align with current public policy or legal standards.
Critics of resentencing legislation have previously argued that reopening older cases could create additional strain on courts and prosecutors while raising broader questions about retroactive criminal justice reforms.
For communities like Richmond, where marijuana enforcement historically fell disproportionately on Black residents and lower-income neighborhoods, advocates say the bill represents another attempt to reconcile older drug policies with Virginia’s current cannabis laws.
Higgs said the signing represents years of organizing by cannabis justice advocates and community groups across Virginia.
“Today, we celebrate the work it took to get here to support the over 1,200 people that can receive relief from this bill,” Higgs said. “People still incarcerated and on probation for past offenses will now have more opportunities for freedom.”
Higgs also connected the legislation to Virginia’s still unresolved retail cannabis debate, arguing that legalization and future tax revenue should be tied to restorative justice efforts.
“Any revenue made in adult-use sales must come with this type of redress and reform,” she said.
Statement from Marijuana Justice
Today, we celebrate the work it took to get here to support the over 1200 people that can receive relief from this bill. People still incarcerated and on probation for past offenses will now have more opportunities for freedom. Virginia is still awaiting a retail market but any revenue made in adult-use sales must come with this type of redress and reform.
Together, our communities have worked relentlessly to get this bill signed. We did this. A huge thank you to Delegate Henson and Senator Lucas for not only carrying these bills but rejecting the amendments that would have made it more difficult to access relief for hundreds. Thank you to our Cannajustice Coalition for leading this work Rise For Youth, Virginia Student Power Network, Justice Forward and the many other partners that have stood by this necessary reform for the past five years with us.
Tomorrow, we’ll continue the work towards justice to ensure re-sentencing for past marijuana offenses go as intended. We also await for the clock to run down on the Governor’s decision on the future of Virginia retail. We hope she will allow the bill to become law to create equitable access to the industry while also centering public health for consumers and safety for children.
Photo by Jonathan Cooper
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