Marijuana and certain traffic offenses; issuing citations, etc, (HB5058)

Introduced By

Del. Patrick Hope (D-Arlington) with support from 7 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Josh Cole (D-Stafford), Del. Kaye Kory (D-Falls Church), Del. Kathleen Murphy (D-McLean), Del. Mark Sickles (D-Alexandria), Del. Suhas Subramanyam (D-Sterling), Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Issuing citations; possession of marijuana and certain traffic offenses. Provides that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. No evidence discovered or obtained as a result of such unlawful stop shall be admissible in any trial, hearing, or other proceeding. The bill also provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from stopping a pedestrian for jaywalking or entering a highway where the pedestrian cannot be seen. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop, including evidence obtained with the person's consent, is admissible in any trial, hearing, or other proceeding. This bill is identical to SB 5029. Read the Bill »


Bill Has Passed


08/18/2020Prefiled and ordered printed; offered 08/18/20 20200751D
08/18/2020Referred to Committee for Courts of Justice
08/26/2020Impact statement from DPB (HB5058)
08/26/2020Reported from Courts of Justice (13-Y 7-N) (see vote tally)
08/28/2020Read first time
09/03/2020House committee, floor amendments and substitutes offered
09/03/2020Read second time
09/03/2020Amendments by Delegate Hope agreed to
09/03/2020Engrossed by House as amended HB5058E
09/03/2020Printed as engrossed 20200751D-E
09/04/2020Read third time and passed House (54-Y 44-N)
09/04/2020VOTE: Passage (54-Y 44-N) (see vote tally)
09/04/2020Impact statement from DPB (HB5058E)
09/09/2020Constitutional reading dispensed
09/09/2020Referred to Committee on the Judiciary
09/16/2020Senate committee, floor amendments and substitutes offered
09/16/2020Reported from Judiciary with substitute (8-Y 1-N) (see vote tally)
09/16/2020Rereferred to Finance and Appropriations
09/16/2020Committee substitute printed 20201175D-S1
09/17/2020Impact statement from DPB (HB5058S1)
09/24/2020Reported from Finance and Appropriations (11-Y 5-N) (see vote tally)
09/25/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
10/01/2020Passed by temporarily
10/01/2020Read third time
10/01/2020Reading of substitute waived
10/01/2020Committee substitute agreed to
10/01/2020Engrossed by Senate - committee substitute HB5058S1
10/01/2020Passed Senate with substitute (20-Y 19-N) (see vote tally)
10/02/2020Placed on Calendar
10/02/2020Senate substitute agreed to by House 20201175D-S1 (53-Y 41-N)
10/02/2020VOTE: Adoption (53-Y 41-N) (see vote tally)
10/07/2020Bill text as passed House and Senate (HB5058ER)
10/07/2020Signed by Speaker
10/07/2020Signed by President
10/08/2020Impact statement from DPB (HB5058ER)
10/14/2020Enrolled Bill communicated to Governor on October 14, 2020
10/14/2020G Governor's Action Deadline 11:59 p.m., October 21, 2020
10/21/2020Governor's recommendation received by House
11/09/2020House concurred in Governor's recommendation (54-Y 44-N)
11/09/2020Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N) (see vote tally)
11/09/2020Senate concurred in Governor's recommendation #3 (21-Y 18-N) (see vote tally)
11/09/2020G Governor's recommendation adopted
11/09/2020Reenrolled bill text (HB5058ER2)
11/09/2020G Approved by Governor-Chapter 45 (Per article IV, Section 13, this bill will be effective on the
11/09/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
11/09/2020VOTE: Adoption (54-Y 44-N)
11/09/2020Signed by Speaker as reenrolled
11/09/2020Signed by President as reenrolled
11/09/2020Enacted, Chapter 45 (effective 3/1/21)
11/09/2020G Acts of Assembly Chapter text (CHAP0045)


Robert Langford writes:

This is insanity ! Our governor is an idiot and so are everyone of this Democratic cronies.


Common Sense in ACTION. My car was CAR-JACKED BY COP and the derivative DAMAGES CAUSED because of a NON CRIME - simply an issue of a hydroplane on a curve where my vehicle slid off the pavement and rolled (barely) because of the Ditch (less than 30 mph in a 55mph zone) - created SO MUCH TRAUMA - I STILL haven't gotten over the FACT that VA DMV ROAD PIRATES felt it necessary to RE-DISTRIBUTE MY CAR TO SOME UNREGISTERED TOW COMPANY Domestic Terrorist in Rappahanock County - but he FOLLOWED me to the Hospital and ORDERED my parents out of my Hospital room while under the CUSTODY OF A DOCTOR (and Undressed) just to "interrogate" me about this accident. After ADMITTING to "going inside my vehicle because he smelled something - UM - LIKE THE WET GRASS WHERE THE CARS SUNROOF ENDED UP? - He unilaterally decided "I" should be CHARGED for reckless driving - without any CRIME whatsoever - NO CHARGING INSTRUMENT AT ALL - just a UNIFORM SUMMONS - My WAGES were Garnished by my P/T employer based on the FAKE COURT "hearing" in Rappahannock District Court's unilateral BANKING - just to GENERATE SOME REVENUE for STATE EMPLOYEES off of MY Assigned credentials.... I'm so GRATEFUL to see some COMMON SENSE legislation - it's been a Long time coming!