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HB26 • 2026

Marijuana-related offenses; modification of sentence, sunset.

An Act to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to modification of sentence for marijuana-related offenses.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Henson
Last action
2026-04-23
Official status
Awaiting Governor's Action
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Changing Sentences for Old Marijuana Crimes

This law allows people who were found guilty of certain marijuana crimes before July 1, 2021 and are still in jail or on probation by July 1, 2026 to ask for their sentences to be changed.

What This Bill Does

  • Creates a process allowing individuals with old marijuana-related felony convictions to request an automatic hearing about sentence modification if they remain incarcerated or under supervision as of July 1, 2026.
  • Requires the person to file a special form by January 1, 2027 to initiate this process.

Who It Names or Affects

  • People who were found guilty of certain marijuana offenses as felonies before July 1, 2021 and are still in jail or on probation by July 1, 2026.
  • Courts that will hold hearings for these people to reconsider their sentences.

Terms To Know

Felony
A serious crime that can lead to a prison sentence of more than one year.
Sunset
The date when a law stops being in effect, which is July 1, 2029 for this bill.

Limits and Unknowns

  • This law only applies to people who were found guilty of certain marijuana crimes before July 1, 2021 and are still serving their sentence or on probation by July 1, 2026.
  • The process for changing sentences ends after January 1, 2027.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB26G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB26) GOVERNOR'S RECOMMENDATION 1.

  • (HB26) GOVERNOR'S RECOMMENDATION 1.
  • Line 20, enrolled, after shall insert , upon the filing of a petition for reconsideration on a form provided by the Office of the Executive Secretary of the Supreme Court of Virginia by the defendant on or before January 1, 2027, 2.
  • Line 20, enrolled, after hearing strike by January 1, 2027, 3.
  • Line 23, enrolled, after (i) insert (a) 4.

Bill History

  1. 2026-04-23 House

    Passed by for the day

  2. 2026-04-22 House

    Communicated to Governor

  3. 2026-04-22 Governor

    Governor's Action Deadline 11:59 p.m., May 23, 2026

  4. 2026-04-22 House

    Passed by for the day

  5. 2026-04-13 Governor

    Governor's recommendation received by House

  6. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  7. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  8. 2026-03-31 House

    Signed by Speaker

  9. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  10. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  11. 2026-03-31 House

    Fiscal Impact Statement from Department of Planning and Budget (HB26)

  12. 2026-03-30 Senate

    Signed by President

  13. 2026-03-30 House

    Enrolled

  14. 2026-03-30 House

    Bill text as passed House and Senate (HB26ER)

  15. 2026-03-12 Senate

    Read third time

  16. 2026-03-12 Senate

    Passed Senate with substitute (21-Y 19-N 0-A)

  17. 2026-03-12 House

    Senate substitute rejected by House (0-Y 96-N 0-A)

  18. 2026-03-12 Senate

    Senate receded from amendment Block Vote (0-Y 0-N 0-A)

  19. 2026-03-12 Senate

    Reconsider receding from amendment agreed to by Senate (40-Y 0-N 0-A)

  20. 2026-03-12 Senate

    Senate receded from amendment (21-Y 19-N 0-A)

  21. 2026-03-11 Senate

    Read third time

  22. 2026-03-11 Senate

    Read third time

  23. 2026-03-11 Senate

    Engrossed by Senate - committee substitute

  24. 2026-03-11 Senate

    Passed by for the day

  25. 2026-03-11 Courts of Justice

    Courts of Justice Substitute agreed to

  26. 2026-03-11 Senate

    Passed Senate with substitute (21-Y 19-N 0-A)

  27. 2026-03-11 Senate

    Reconsideration of Senate passage agreed to by Senate (40-Y 0-N 0-A)

  28. 2026-03-10 Senate

    Rules suspended

  29. 2026-03-10 Senate

    Passed by for the day

  30. 2026-03-10 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

  31. 2026-03-10 Senate

    Passed by for the day Block Vote (Voice Vote)

  32. 2026-03-09 Finance and Appropriations

    Reported from Finance and Appropriations (10-Y 4-N)

  33. 2026-03-06 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB26)

  34. 2026-03-03 Courts of Justice

    Committee substitute printed 26108766D-S1

  35. 2026-03-02 Courts of Justice

    Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 6-N)

  36. 2026-02-18 Senate

    Constitutional reading dispensed (on 1st reading)

  37. 2026-02-18 Courts of Justice

    Referred to Committee for Courts of Justice

  38. 2026-02-17 House

    Read third time and passed House (63-Y 34-N 0-A)

  39. 2026-02-16 House

    Read second time

  40. 2026-02-16 House

    committee substitute agreed to

  41. 2026-02-16 House

    Engrossed by House - committee substitute

  42. 2026-02-13 House

    Read first time

  43. 2026-02-11 Appropriations

    Reported from Appropriations (16-Y 6-N)

  44. 2026-02-11 General Government and Capital Outlay

    Subcommittee recommends reporting (4-Y 1-N)

  45. 2026-02-10 General Government and Capital Outlay

    Assigned HAPP sub: General Government and Capital Outlay

  46. 2026-02-04 Appropriations

    Rereferred to Appropriations

  47. 2026-02-04 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB26)

  48. 2026-01-29 Courts of Justice

    Committee substitute printed 26105973D-H1

  49. 2026-01-28 Criminal

    Fiscal Impact Statement from Department of Planning and Budget (HB26)

  50. 2026-01-28 Courts of Justice

    Reported from Courts of Justice with substitute and referred to Appropriations (19-Y 0-N)

  51. 2026-01-28 Courts of Justice

    Reported from Courts of Justice with substitute and referred to Appropriations (14-Y 6-N)

  52. 2026-01-23 Criminal

    Subcommittee recommends reporting with substitute and referring to Appropriations (8-Y 2-N)

  53. 2026-01-22 Criminal

    House subcommittee offered

  54. 2026-01-22 Criminal

    House subcommittee offered

  55. 2026-01-20 Criminal

    Assigned HCJ sub: Criminal

  56. 2025-12-22 House

    Prefiled and ordered printed; Offered 01-14-2026 26101407D

  57. 2025-12-22 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

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.

Current Bill Text

Read the full stored bill text 
(HB26)
GOVERNOR'S RECOMMENDATION
1. Line 20, enrolled, after
shall
insert
, upon the filing of a petition for reconsideration on a form provided by the Office of the Executive Secretary of the Supreme Court of Virginia by the defendant on or before January 1, 2027,
2. Line 20, enrolled, after
hearing
strike
by January 1, 2027,
3. Line 23, enrolled, after
(i)
insert
(a)
4. Line 27, enrolled, after
and
insert
(b)
5. Line 36, enrolled, after
shall
insert
, upon the filing of a petition for reconsideration on a form provided by the Office of the Executive Secretary of the Supreme Court of Virginia by the defendant on or before January 1, 2027,
6. Line 36, enrolled, after
hearing
strike
by April 1, 2027,
7. Line 37, enrolled, after
of a
insert
marijuana-related