Marijuana; legalization of simple possession, penalties. (SB1406)

Introduced By

Sen. Adam Ebbin (D-Alexandria) with support from co-patrons Del. Kaye Kory (D-Falls Church), Sen. Louise Lucas (D-Portsmouth), Sen. Joe Morrissey (D-Richmond), Sen. Lionell Spruill (D-Chesapeake), and Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Marijuana; legalization; retail sales; penalties. Eliminates criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older, modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The bill creates the Virginia Cannabis Control Authority (the Authority), the Cannabis Oversight Commission, the Cannabis Public Health Advisory Council, the Cannabis Equity Reinvestment Board and Fund, and the Virginia Cannabis Equity Business Loan Program and Fund and establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates, and numerous provisions of the bill are subject to reenactment by the 2022 Session of the General Assembly. This bill incorporates SB 1243 and is identical to HB 2312. See S. B. 1406 Enrolled PDF text: See S. B. 1406 Governor's Substitute PDF text: See S. B. 1406 Re-Enrolled PDF text: Read the Bill »


04/07/2021: enacted


01/13/2021Prefiled and ordered printed; offered 01/13/21 21101512D
01/13/2021Referred to Committee on Rehabilitation and Social Services
01/18/2021Assigned Rehab sub: Marijuana
01/19/2021Impact statement from VCSC (SB1406)
01/22/2021Senate committee, floor amendments and substitutes offered
01/22/2021Reported from Rehabilitation and Social Services with substitute (8-Y 7-N) (see vote tally)
01/22/2021Committee substitute printed 21103366D-S1
01/22/2021Rereferred to Judiciary
01/25/2021Incorporates SB1243 (Morrissey)
01/26/2021Assigned Judiciary sub: Expungement
01/31/2021Senate committee, floor amendments and substitutes offered
02/01/2021Reported from Judiciary with substitute (9-Y 5-N 1-A) (see vote tally)
02/01/2021Committee substitute printed 21104160D-S2
02/01/2021Rereferred to Finance and Appropriations
02/02/2021Impact statement from VCSC (SB1406S2)
02/03/2021Senate committee, floor amendments and substitutes offered
02/03/2021Reported from Finance and Appropriations with amendments (11-Y 4-N) (see vote tally)
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Read second time
02/04/2021Rehabilitation and Social Services Committee substitute rejected 21103366D-S1
02/04/2021Judiciary Committee substitute agreed to 21104160D-S2
02/04/2021Finance and Appropriations Committee amendments agreed to
02/04/2021Engrossed by Senate - committee substitute with amendments SB1406S2
02/04/2021Printed as engrossed 21104160D-ES2
02/05/2021Impact statement from DPB (SB1406S1)
02/05/2021Read third time and passed Senate (23-Y 15-N) (see vote tally)
02/06/2021Impact statement from DPB (SB1406ES2)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on General Laws
02/08/2021Continued to Special Session 1 in General Laws
02/11/2021House committee, floor amendments and substitutes offered
02/11/2021Reported from General Laws with substitute (15-Y 6-N) (see vote tally)
02/11/2021Committee substitute printed 21200020D-H1
02/15/2021Read second time
02/16/2021Passed House (54-Y 42-N 2-A)
02/16/2021Read third time
02/16/2021Committee substitute agreed to 21200020D-H1
02/16/2021Engrossed by House - committee substitute SB1406H1
02/16/2021Passed House with substitute (56-Y 40-N 2-A)
02/16/2021VOTE: Passage (56-Y 40-N 2-A) (see vote tally)
02/16/2021Reconsideration of House passage agreed to by House
02/16/2021Passed House with substitute (54-Y 42-N 2-A)
02/16/2021VOTE: Passage #2 (54-Y 42-N 2-A) (see vote tally)
02/18/2021House substitute rejected by Senate (0-Y 39-N) (see vote tally)
02/19/2021House insisted on substitute
02/19/2021House requested conference committee
02/19/2021Senate acceded to request (27-Y 10-N)
02/19/2021Conferees appointed by Senate
02/19/2021Senators: Ebbin, Lucas, McPike, Surovell, Dunnavant
02/19/2021Conferees appointed by House
02/19/2021Delegates: Herring, Mullin, Torian, Bagby, Knight
02/27/2021C Amended by conference committee
02/27/2021Conference substitute printed 21200439D-S3
02/27/2021Passed by temporarily
02/27/2021Pending question ordered
02/27/2021Conference report agreed to by House (47-Y 44-N 1-A)
02/27/2021VOTE: Agreed To (47-Y 44-N 1-A)
02/27/2021Conference report agreed to by Senate (20-Y 19-N)
03/02/2021Impact statement from VCSC (SB1406S3)
03/09/2021Bill text as passed Senate and House (SB1406ER)
03/09/2021Signed by President
03/11/2021Signed by Speaker
03/15/2021Enrolled Bill Communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/19/2021Impact statement from DPB (SB1406ER)
03/31/2021Governor's substitute printed 21200895D-S4
04/01/2021Governor's recommendation received by Senate
04/02/2021Impact statement from VCSC (SB1406S4)
04/07/2021Passed by temporarily
04/07/2021Senate concurred in Governor's recommendation (20-Y 20-N)
04/07/2021Chair votes Yes
04/07/2021House concurred in Governor's recommendation (53-Y 44-N 2-A)
04/07/2021VOTE: Agree To (53-Y 44-N 2-A)
04/07/2021G Governor's recommendation adopted
04/07/2021Reenrolled bill text (SB1406ER2)
04/07/2021Signed by President as reenrolled
04/07/2021Signed by Speaker as reenrolled
04/07/2021Chair votes Yea
04/07/2021Enacted, Chapter 550
04/07/2021G Acts of Assembly Chapter text (CHAP0550)
04/07/2021Enacted, Chapter 550 (effective - see bill)