Marijuana; legalization of simple possession, penalties. (HB87)

Introduced By

Del. Lee Carter (D-Manassas) with support from co-patron Del. Ibraheem Samirah (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Marijuana; legalization of simple marijuana possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $100 for possession of (i) two and one-half ounces or less of marijuana or (ii) 12 or fewer marijuana plants and a civil penalty of no more than $500 for possession of more than (a) two and one-half ounces of marijuana or (b) 12 marijuana plants. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana secure transporters, marijuana testing facilities, retail marijuana stores, and marijuana microbusinesses by the Board of Agriculture and Consumer Services. The bill imposes an additional tax of 10 percent on retail marijuana and retail marijuana products sold by retail marijuana stores and microbusinesses and directs the first $20 million of such revenues, after expenses of the Board are paid, to the Veterans Treatment Fund, established in the bill. The remaining tax receipts will be distributed to the localities in which the businesses operate, toward the state's share of Standards of Quality basic aid payments, and to the Commonwealth Mass Transit Fund. The bill also expands the legal medical uses of marijuana and tetrahydrocannabinol from only cancer and glaucoma to any use to alleviate the symptoms of any diagnosed condition or disease determined by the prescribing doctor to benefit from the use of such substance. Read the Bill »


Bill Has Failed


12/10/2019Prefiled and ordered printed; offered 01/08/20 20100835D
12/10/2019Referred to Committee for Courts of Justice
12/12/2019Impact statement from VCSC (HB87)
02/05/2020Continued to 2021 in Courts of Justice


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.


Patrick writes:

This seems like such a simple bill to approve. I do not know why it is taking so long to understand that Marijuana was outlawed for the wrong reasons and from a campaign of disinformation. If you enjoy your freedoms then you should vote that the government doesn't have the right to tell you how you can't enjoy your time relaxing at home, either with alcohol or marijuana. It should be fully legal and taxed, so that state could get some money instead of the black market and gangs.

LyShawn writes:

Marijuana is an alternative to alcohol or opioids which also helps with chronic pain, anxiety, depression. Even consistent use of Tylenol is more damaging to your body. Legalizing will take the dealers out of the equation, resulting in less exposure to or availability of harder drugs. It will also lessen possibly of contaminated vape products when legal and regulated products are available. The crops will also help VA farmers and tax revenues will benefit the commonwealth.