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Bill > HB637


VA HB637

VA HB637
Possession of residue of a controlled substance unlawful; penalties exceptions.


summary

Introduced
01/13/2026
In Committee
03/05/2026
Crossed Over
02/16/2026
Passed
03/30/2026
Dead
Vetoed
04/22/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

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.

AI Summary

This bill establishes a new offense for the possession of residue of a controlled substance, defining "residue" as a sample too small to be accurately weighed, and creates a tiered penalty system for this offense based on the schedule of the controlled substance, ranging from a Class 1 misdemeanor for Schedule I or II substances to a Class 4 misdemeanor for Schedule V or VI substances, with an exception for fentanyl residue which remains subject to existing laws. The bill also amends several existing laws to include this new offense, such as clarifying that possession of industrial hemp or cannabis products by authorized individuals does not constitute a violation, and ensuring that individuals seeking or reporting an overdose or act of sexual violence are protected from prosecution for certain drug-related offenses, including the newly created residue possession offense. Furthermore, it updates provisions related to probation for first-time offenders, firearm purchase restrictions for those convicted of certain drug offenses, and exemptions for comprehensive harm reduction programs.

Committee Categories

Justice

Sponsors (2)

Last Action

House sustained Governor's veto (on 04/22/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB637
Governor's Veto Explanation HB637 https://lis.virginia.gov/bill-details/20261/HB637/text/HB637VG
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB637) https://lis.blob.core.windows.net/files/1215050.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB637/text/HB637ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB637) https://lis.blob.core.windows.net/files/1145280.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB637/text/HB637H1
BillText https://lis.virginia.gov/bill-details/20261/HB637/text/HB637HC1
BillText https://lis.virginia.gov/bill-details/20261/HB637/text/HB637HC2
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB637) https://lis.blob.core.windows.net/files/1103299.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB637/text/HB637
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