HB637 • 2026

Possession of residue of a controlled substance unlawful; penalties exceptions.

An Act to amend and reenact §§ 3.2-4113, 4.1-1604, 18.2-36.3, 18.2-250, 18.2-251, 18.2-251.03 through 18.2-251.1:3, 18.2-308.1:5, 19.2-327.15, 32.1-45.4, and 54.1-3466 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-250.01, relating to possession of residue of a controlled substance; penalties; exceptions.

Enacted

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

Sponsor: Callsen
Last action: 2026-04-22
Official status: Governor's Veto
Effective date: Not listed

Plain English Breakdown

The official summary does not provide specific details on the penalties or exceptions for possession of residue, leaving some aspects unclear.

Making it Illegal to Have Leftovers of Certain Drugs

This law makes it against the rules to possess residue from certain drugs and sets penalties for such possession.

What This Bill Does

Makes having small amounts of drug leftovers illegal.
Sets different levels of punishment based on how serious the drug is.

Who It Names or Affects

People who might have small amounts of leftover drugs.
Law enforcement officers and judges dealing with these cases.

Terms To Know

controlled substance: A type of drug that the government regulates because it can be dangerous or addictive.
residue: The small amount left over after using something, like a drug.

Limits and Unknowns

Does not specify what happens if someone is caught with drug leftovers.
Does not explain how the new rules will affect people in drug treatment programs.
Does not clarify who decides when to charge someone for having drug leftovers instead of a more serious crime.

Bill History

2026-04-22 House
House sustained Governor's veto
2026-04-14 Governor
Vetoed by Governor
2026-04-01 House
Fiscal Impact Statement from Department of Planning and Budget (HB637)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB637ER)
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Passed Senate (23-Y 17-N 0-A)
2026-03-09 Senate
Rules suspended
2026-03-09 Senate
Passed by for the day
2026-03-09 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-09 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-05 Courts of Justice
Reported from Courts of Justice (10-Y 4-N)
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17 House
Read third time and passed House (63-Y 33-N 0-A)
2026-02-16 House
Read second time
2026-02-16 House
committee substitute agreed to
2026-02-16 House
Engrossed by House - committee substitute
2026-02-13 House
Read first time
2026-02-12 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB637)
2026-02-11 Courts of Justice
Reported from Courts of Justice with substitute (16-Y 6-N)
2026-02-11 Courts of Justice
Committee substitute printed 26105603D-H1
2026-02-06 Criminal
Subcommittee recommends reporting with substitute (8-Y 2-N)
2026-02-06 Criminal
House subcommittee offered
2026-02-03 Criminal
Assigned HCJ sub: Criminal
2026-01-29 House
Fiscal Impact Statement from Department of Planning and Budget (HB637)
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26104914D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Possession of an item containing residue of a controlled substance; penalty.
Creates the offense of possession of residue of a controlled substance with a tiered system of punishment. Currently, possession of any amount of a controlled substance has a tiered system of punishment as if there is a usable amount of such controlled substance.

Current Bill Text

Read the full stored bill text

(HB637)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 637, which relates to possession of residue of a controlled substance.
House Bill 637 would prohibit charging a person with possession of a residual amount of a controlled substance under §
18.2-250
, including for Schedule I and Schedule II drugs. The prohibition would prevent Commonwealth's Attorneys from exercising their discretion in prosecuting serious drug offenses and remove their ability to pursue a felony conviction when the facts justify that outcome.
House Bill 637 would create a new offense with misdemeanor penalties for possession of drug residue, which would have the unintended and regrettable consequence of making offenders who are arrested for possession of residue ineligible for drug court. Drug courts in Virginia help provide comprehensive substance abuse treatment under intensive supervision to defendants who struggle with substance use disorders and have proven valuable to offenders and public safety.
Accordingly, I veto this bill.