Bill > HB26

This bill establishes a process for individuals incarcerated or on probation or community supervision for certain felony marijuana offenses committed before July 1, 2021, to have their sentences reviewed and potentially modified. Specifically, if such individuals are still under correctional supervision on July 1, 2026, their original sentencing court must schedule a hearing by January 1, 2027, or April 1, 2027, if the offense was committed alongside another non-violent offense, to consider reducing, vacating, or otherwise modifying their sentence. The court must consider that marijuana has been legalized and can reduce the sentence to time served, unless the Commonwealth can demonstrate that doing so would not be compatible with the public interest. Individuals eligible for this review can petition for legal assistance if they were not already deemed indigent. This bill also mandates that correctional facilities and probation/supervision agencies identify eligible individuals and notify them of the process, and the provisions of this act will expire on July 1, 2029.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20261/HB26