RICHMOND, Va. — Some Virginians convicted of certain marijuana-related felonies before the state legalized possession will automatically have their sentences reconsidered under a new law taking effect this July.
The law applies to people convicted of marijuana-related felonies before July 1, 2021 — the date marijuana possession became legal in Virginia. It covers those still incarcerated and those on supervised release.
Rob Poggenklass, executive director of Justice Forward Virginia, said the law shifts the burden away from those convicted.
"The judge is going to reduce their sentence, release them, or remove them from supervision, unless the prosecutor can come up with some reason why it would be in the public interest to continue to incarcerate this person for the marijuana crime or to continue to hold them on supervised probation for the marijuana crime," Poggenklass said.
If a judge declines to resentence someone, they must provide a written explanation.
Under the law, people convicted and sentenced solely for marijuana-related offenses — such as possession, selling, or transporting — must be automatically scheduled for a resentencing hearing by Jan. 1, 2027. Those convicted of a marijuana offense along with a non-violent felony in the same case must have a hearing scheduled by April 1, 2027.
Jails and the Department of Corrections are responsible for identifying people who qualify and notifying them and the courts where they were sentenced.
During this year's General Assembly session, staff noted in a fiscal impact statement that the Department of Corrections provided data showing 248 people still incarcerated would qualify, along with 913 on supervised release.
Governor Abigail Spanberger had proposed making the process application-based rather than automatic, but lawmakers rejected that approach and she signed the original bill.
Poggenklass said the law is about equity as Virginia moves toward a recreational marijuana marketplace, noting that minority communities were historically and disproportionately impacted by marijuana enforcement before possession became legal.
"It just doesn't make any sense to most people, and certainly not to us, so we're, we're happy that we can move past a time when we were incarcerating people for selling a plant," Poggenklass said.
The law takes effect July 1 but includes a sunset clause — it will no longer be in effect after July 1, 2029.
Separately, state lawmakers this week announced a last-minute deal with the governor to create a recreational retail marijuana marketplace in Virginia, with sales set to begin in July 2027.
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