Marijuana; definitions, possession and consumption, civil penalties, report. (SB2)
Introduced By
Sen. Adam Ebbin (D-Alexandria) with support from co-patron Sen. Tommy Norment (R-Williamsburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana may be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates SB 815 and is identical to HB 972. Read the Bill »
Outcome
History
Date | Action |
---|---|
11/18/2019 | Referred to Committee for Courts of Justice |
11/18/2019 | Prefiled and ordered printed; offered 01/08/20 20100705D |
11/18/2019 | Referred to Committee on the Judiciary |
01/08/2020 | Moved from Courts of Justice to Judiciary due to a change of the committee name |
01/16/2020 | Assigned Juciciary sub: Criminal Law |
01/16/2020 | Assigned Judiciary sub: Criminal Law |
01/28/2020 | Impact statement from DPB (SB2) |
01/29/2020 | Reported from Judiciary with substitute (10-Y 3-N) (see vote tally) |
01/29/2020 | Incorporates SB815 (Morrissey) |
01/29/2020 | Committee substitute printed 20106511D-S1 |
01/29/2020 | Rereferred to Finance and Appropriations |
02/06/2020 | Reported from Finance and Appropriations (12-Y 3-N) (see vote tally) |
02/10/2020 | Constitutional reading dispensed (36-Y 0-N) (see vote tally) |
02/11/2020 | Read second time |
02/11/2020 | Reading of substitute waived |
02/11/2020 | Committee substitute agreed to 20106511D-S1 |
02/11/2020 | Reading of amendment waived |
02/11/2020 | Amendment by Senator Surovell rejected |
02/11/2020 | Amendment by Senator Ebbin agreed to |
02/11/2020 | Engrossed by Senate - committee substitute with amendment SB2ES1 |
02/11/2020 | Printed as engrossed 20106511D-ES1 |
02/11/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/11/2020 | Passed Senate (27-Y 13-N) (see vote tally) |
02/14/2020 | Placed on Calendar |
02/14/2020 | Read first time |
02/14/2020 | Referred to Committee for Courts of Justice |
02/14/2020 | Impact statement from DPB (SB2ES1) |
02/19/2020 | House committee, floor amendments and substitutes offered |
02/19/2020 | Reported from Courts of Justice with substitute (12-Y 8-N) (see vote tally) |
02/19/2020 | Committee substitute printed 20108640D-H1 |
02/19/2020 | Referred to Committee on Appropriations |
02/21/2020 | House committee, floor amendments and substitutes offered |
02/21/2020 | Reported from Appropriations with substitute (16-Y 6-N) (see vote tally) |
02/21/2020 | Committee substitute printed 20108848D-H2 |
02/25/2020 | Read second time |
02/25/2020 | Impact statement from DPB (SB2H2) |
02/26/2020 | Read third time |
02/26/2020 | Passed by temporarily |
02/26/2020 | Committee on Courts of Justice substitute rejected 20108640D-H1 |
02/26/2020 | Committee on Appropriations substitute agreed to 20108848D-H2 |
02/26/2020 | Engrossed by House - committee substitute SB2H2 |
02/26/2020 | Passed House with substitute (63-Y 35-N) |
02/26/2020 | VOTE: Passage (63-Y 35-N) (see vote tally) |
02/26/2020 | House substitute rejected by Senate (1-Y 38-N) (see vote tally) |
02/26/2020 | House insisted on substitute |
02/26/2020 | House requested conference committee |
02/26/2020 | Senate acceded to request (40-Y 0-N) (see vote tally) |
02/27/2020 | Conferees appointed by Senate |
02/27/2020 | Senators: Ebbin, Morrissey, Stanley |
02/27/2020 | Conferees appointed by House |
02/27/2020 | Delegates: Herring, Heretick, Collins |
03/05/2020 | Conference substitute printed 20109521D-S2 |
03/05/2020 | C Amended by conference committee |
03/05/2020 | First Conference substitute printed 20109521D-S2 |
03/05/2020 | Conference report agreed to by House (58-Y 38-N) |
03/05/2020 | VOTE: Adoption (58-Y 38-N) (see vote tally) |
03/05/2020 | Reconsideration of conference report agreed to by House |
03/05/2020 | Conference report agreed to by House (61-Y 37-N) |
03/05/2020 | VOTE: Adoption #2 (61-Y 37-N) (see vote tally) |
03/06/2020 | Impact statement from DPB (SB2S2) |
03/07/2020 | Conference report rejected by Senate (2-Y 38-N) (see vote tally) |
03/07/2020 | Senate requested second conference committee (26-Y 14-N) (see vote tally) |
03/07/2020 | House acceded to request for second conference committee |
03/07/2020 | Second conferees appointed by House |
03/07/2020 | Delegates: Herring, Heretick, Collins |
03/07/2020 | Second conferees appointed by Senate |
03/07/2020 | Senators: Ebbin, Morrissey, Stanley |
03/07/2020 | Second Conference substitute printed 20109965D-S3 |
03/08/2020 | Conference report agreed to by Senate (27-Y 12-N) (see vote tally) |
03/08/2020 | Conference report agreed to by House (57-Y 33-N) |
03/08/2020 | VOTE: Adoption (57-Y 33-N) (see vote tally) |
03/18/2020 | Enrolled |
03/18/2020 | Bill text as passed Senate and House (SB2ER) |
03/18/2020 | Signed by President |
03/19/2020 | Signed by Speaker |
03/20/2020 | Impact statement from DPB (SB2ER) |
03/20/2020 | Enrolled Bill Communicated to Governor on March 20, 2020 |
03/20/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
04/11/2020 | Governor's recommendation received by Senate |
04/22/2020 | Senate concurred in Governor's recommendations #'s 1-5, 7-16 (26-Y 14-N) (see vote tally) |
04/22/2020 | Communicated to Governor |
04/22/2020 | VOTE: (56-Y 37-N) |
04/22/2020 | Senate rejected Governor's recommendation #6 (6-Y 34-N) (see vote tally) |
04/22/2020 | Senate rejected Governor's recommendation #17 (5-Y 35-N) (see vote tally) |
04/22/2020 | Passed by temporarily |
04/22/2020 | House concurred in Governor's recommendation #'s 1-5 and 7-16 (56-Y 37-N) |
04/22/2020 | Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N) (see vote tally) |
04/22/2020 | G Governor's recommendation adopted in-part |
04/22/2020 | Reenrolled |
04/22/2020 | Reenrolled bill text (SB2ER2) |
04/22/2020 | Signed by President as reenrolled |
04/22/2020 | Signed by Speaker as reenrolled |
04/29/2020 | Reenrolled Bill Communicated to Governor on April 29, 2020 |
04/29/2020 | G Governor's Action Deadline 11:59 p.m., May 22, 2020 |
05/01/2020 | VOTE: (56-Y 37-N) |
Comments
It would be good to expand this Bill to decriminalize marijuana completely for recreational use within responsible behavior limits. For Virginians who prefer NDs to MDs, they do not have a path to access medical marijuana prescriptions, since NDs do not have legal status yet in Virginia. Virginians should be allowed under their philosophical and religious beliefs the right to use marijuana recreationally in order to regulate it personally for health purposes. Allowing the recreational use of marijuana could bring it to market in rural areas and boost Virginia's rural economy. Recreational use is working well in other states
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.
Legalize and then tax it. It’s time.
As a government employee, I am prohibited from recreational use of marijuana. As a patriot, I believe that others should be allowed to use marijuana at their cognizance. I support the freedoms of all.
I have lived in Virginia for 40 years. I was taught to be proud of the leaders we have produced. Today, I see so few
of these leaders progressively moving us forward the 21st century, and as a Nation.
I am writing as a citizen, and legal voter in Virginia, to endorse Melinda Scott's Bill. I look forward to having the freedom to choose what plants I grow, buy, borrow, and how I use them. Please get this done!
Thank You,
Lisa Hairston
A step in the right direction.
A responsible adult is a responsible adult no matter what the substance, liquid, vehicle they're driving, taxes paid, etc.
Now, in the current pandemic with so many different focuses for law enforcement as well as risk of contamination and spread within the jail system, it makes sense to me to speed up this process, approval, etc.
Let's focus on more important criminal activities, release those offenders with extremely minor charges, while also limiting the spread of the disease and freeing up taxpayer dollars by not having to support inmates that should not be imprisoned.
Decriminalization really isn't enough. Like the lottery, this is also another revenue opportunity where the additional taxes can be used to improve our beautiful state.