While lawmakers in Virginia await Gov. Glenn Youngkin’s (R) response to a retail cannabis sales bill that was sent to him last week has been delayed. The legislature passed a separate law to provide relief to people convicted of previous cannabis crimes.
On Monday, the House of Delegates approved SB 696 with a vote of 52 to 43. The Senate approved the measure last month with a vote of 20-19.
If the bill becomes law, many criminal charges would have to be resentenced before the end of this year. People who have had their sentences increased for other crimes because they were convicted of marijuana in the past will receive hearings before April 1, 2025.
Most cases are automatically resolved, but some people who have convictions will need to ask a court to grant them relief.
The sponsor, Sen. Angelia William Graves (D), said to a Senate committee earlier in the session that the law directs courts “to consider that marijuana has either been legalized or to some extent legalized” and “shall reduce, vacate, or otherwise modify a person’s sentences”, including removing the offender from community supervision, unless it is demonstrated by the Commonwealth to be not compatible with the public interests.
In an earlier version, violent felonies were included in the cases that could be eligible for resentencing. However, this provision was removed by the committee.
Several civil rights and justice organizations support the measure including Virginia NAACP Marijuana Justice Rise for Youth The Last Prisoner Project Nolef Turns and NORML.
Sheba Williams is the founder, executive director and board member of Virginia NORML as well as the founder, executive director, and board member of Nolef turns. She said that the bill will provide relief for more than 400 individuals who are currently incarcerated. Williams claimed these people have been largely ignored in discussions about marijuana legalization.
She told Marijuana moment that “these are not reforms people are paying much interest to.” The conversation has been focused on creating the adult-use retail market. Many people have forgotten about those who were affected by the failed drug war, which was the basis for the legalization bill in 2021.
Williams said that as the state moves ahead with cannabis reform – lawmakers last week sent to the governor a separate bill that would legalize the retail sale of marijuana – it is important that leaders do not forget those affected by previous policies.
She said: “We have to look at the people, as the state stands to earn billions off an illegal plant that should have never been criminalized.” “Many of us have been working on this for a long time.”
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Chelsea Higgs Wise is the executive director of Marijuana Justice. She said that organizers were grateful to Williams Graves, who took up the proposal.
She told Marijuana Moment that “as excited as we are that the resentencing process has reached this point, we are now at a place where we have warned many legislators: what will happen if we pass the regulated market without the repair?
She continued: “This approach, which separates revenue from repair, is frustrating for stakeholders,” because people must be treated with justice before businesses or the state can receive benefits. We encourage the majority to keep their word and lift those who are most affected by cannabis, but still in cages.
Wise said that if the bill was vetoed “we hope legislators make noise and resentencing is taken up next session as a top priority.”
SB696, like most marijuana reform bills this session, was largely passed along party lines. Only one Republican legislator, Del. Carrie Coyner voted in favor of the legislation.
The GOP governor has not yet responded to the bill. Williams expressed her hope that he will sign the bill into law. However, she acknowledged he has been mostly silent on this issue.
She said that the governor’s office had been very secretive about its willingness to take any action. “Even though the governor has publicly stated that he is not interested in the cannabis discussion, we hope that they will do the right thing with the people who are behind this bill.”
Separately, a Democrat-led plan would legalize a cannabis commercial market in the Commonwealth. Last week, after reaching an agreement on the bill’s provisions, lawmakers sent it over to Youngkin.
In comments to Marijuana Moment the Governor’s Office indicated that Youngkin hasn’t changed‘s hesitancy towards cannabis.
Christian Martinez, the governor’s press secretary, wrote in an email last week that he would like to refer you back the comments made by the Governor during the gathering after the State of the Commonwealth, where he stated he didn’t have much interest in pushing forward with marijuana legalization.
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