(HB26) GOVERNOR'S RECOMMENDATION 1.
Virginia2026Enacted
HB26
Changing Sentences for Old Marijuana Crimes
Last scannedAug 22, 2026, 5:26 AM
In one sentence
This law allows people convicted of certain marijuana-related felonies before July 1, 2021 and still in jail or on probation as of July 1, 2026 to have their sentences modified.
What it does
- Creates a process for individuals who were found guilty of certain marijuana-related felonies before July 1, 2021 and are still incarcerated or on probation as of July 1, 2026 to receive an automatic hearing by January 1, 2027 to consider modification of their sentences.
- If a person was also found guilty of other non-violent crimes at the same time, they may have their marijuana-related sentence modified by April 1, 2027.
- The court must schedule a hearing and modify sentences based on new laws about marijuana.
Who it affects
- People who were found guilty of certain marijuana-related felonies before July 1, 2021 and are still in jail or on probation as of July 1, 2026.
- Courts that gave the original sentences to these people.
Limits and unknowns
- The law only applies to people who were found guilty before July 1, 2021 and are still in jail or on probation as of July 1, 2026.
- This law will end on July 1, 2029.
Plain language
Terms to know
- Felony
- A serious crime that can result in a sentence of more than one year in prison.
- Probation
- When someone is allowed to stay out of jail but must follow certain rules set by the court.
Official record
Sources
Official summary
Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to SB 62.
Official activity
Bill history
- Approved by Governor-Chapter 1103 (effective 7/1/2026)Governor
- Acts of Assembly Chapter text (CHAP1103)Governor
- Communicated to GovernorHouse
- Governor's Action Deadline 11:59 p.m., May 23, 2026Governor
- Passed by for the dayHouse
- Passed by for the dayHouse
- Governor's recommendation received by HouseGovernor
- Enrolled Bill communicated to Governor on March 31, 2026House
- Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
- Signed by SpeakerHouse
- Enrolled Bill communicated to Governor on March 31, 2026House
- Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
- Fiscal Impact Statement from Department of Planning and Budget (HB26)House
- Signed by PresidentSenate
- EnrolledHouse
- Bill text as passed House and Senate (HB26ER)House
- Read third timeSenate
- Passed Senate with substitute (21-Y 19-N 0-A)Senate
- Senate substitute rejected by House (0-Y 96-N 0-A)House
- Senate receded from amendment Block Vote (0-Y 0-N 0-A)Senate
Changes
Amendments
1 stored