Virginia Gov. Signs Bill to Resentence Some Individuals with Felony Cannabis Convictions   

Virginia Gov. Abigail Spanberger (D) last week signed legislation that creates a resentencing process for individuals with certain felony cannabis convictions. The bill creates a process by which a person adjudicated delinquent or convicted of certain offenses involving, or violations of probation or community supervision related to, the possession, manufacture, sale, giving, distribution, transportation, or delivery of cannabis committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of their sentence.  

In a statement, Spanberger noted that “for decades, marijuana enforcement disproportionately impacted minority communities and communities of color, contributing to inequities in the criminal justice system that Virginia must no longer ignore.” 

“As laws have changed in Virginia, it is important to ensure that those who have been previously convicted of offenses under since-changed laws receive fair treatment and sentencing review. My administration will work to ensure this process is implemented effectively across the Commonwealth.” — Spanberger in a press release 

The governor’s office said there are more than 1,000 Virginians who are currently incarcerated or under community supervision for cannabis-related convictions for conduct that, since 2021, is no longer a chargeable offense.

The bill requires that local law enforcement officials determine, before September 1, the individuals currently incarcerated or under community supervision for applicable offences and provide a list to courts. Judges must then set hearings to determine any sentence modifications.