HB 972

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 07, 2020
  • Passed House Feb 10, 2020
  • Passed Senate Feb 26, 2020
  • Signed by Governor May 21, 2020

Marijuana; definitions, possession and consumption, civil penalties, report.

Abstract

Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana may be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates HB 265, HB 301, and HB 481 and is identical to SB 2.

Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana may be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 1, 2021. This bill incorporates HB 265, HB 301, and HB 481.

Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana shall be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. However, the bill states that if a violation occurs while an individual is operating a commercial motor vehicle, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual's driving record. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates HB 265, HB 301, and HB 481 and is identical to SB 2. 

Possession and consumption of marijuana; penalty.Decriminalizes simple marijuana possession and provides a civil penalty of nomore than $50 or, if such person is smoking, consuming, or otherwise ingestingmarijuana in a public place at the time of the violation, no more than $250.Current law imposes a maximum fine of $500 and a maximum 30-day jail sentencefor a first offense, and subsequent offenses are a Class 1 misdemeanor. Thebill provides that any person who knowingly or intentionally smokes, consumes,or otherwise ingests marijuana while driving or operating a motor vehicle,engine, train, watercraft, or motorboat is guilty of a misdemeanor and shall beconfined in jail not more than 30 days and fined not more than $500, either orboth, and subsequent convictions are a Class 1 misdemeanor. The bill alsoprovides that the suspended sentence/substance abuse screening provisions anddriver's license suspension provisions apply only to criminal violations or tocivil violations by a juvenile. A civil violation will be treated as aconviction for prohibitions on the purchase or transport of a handgun anddisqualification for a concealed handgun permit. The bill also (i) makesrecords relating to the arrest, criminal charge, or conviction of possession ofmarijuana not open to public inspection and disclosure, except in certaincircumstances; (ii) prohibits employers and educational institutions fromrequiring an applicant for employment or admission to disclose informationrelated to such arrest, criminal charge, or conviction; and (iii) prohibitsagencies, officials, and employees of the state and local governments fromrequiring an applicant for a license, permit, registration, or governmentalservice to disclose information concerning such arrest, criminal charge, orconviction. Finally, the bill requires the Secretaries of Agriculture andForestry, Finance, Health and Human Resources, and Public Safety and HomelandSecurity to convene a work group to study the impact on the Commonwealth oflegalizing the sale and personal use of marijuana and report therecommendations of the work group to the General Assembly and the Governor byNovember 1, 2021.

Bill Sponsors (6)

Votes


Actions


May 21, 2020

Office of the Governor

Approved by Governor-Chapter 1285 (effective 7/1/20)

Apr 29, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., May 22, 2020

House

Reenrolled Bill communicated to Governor on April 29, 2020

Apr 22, 2020

House

Reenrolled bill text (HB972ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted in-part

Senate

Senate concurred in Governor's recommendations #1-5 #7-16 (26-Y 14-N)

Senate

Senate rejected Governor's recommendation #17 (5-Y 35-N)

House

VOTE: Agree to (1-Y 90-N)

House

House rejected Governor's recommendation #6 (1-Y 90-N)

House

VOTE: Agree to (58-Y 35-N)

House

House concurred in Governor's recommendation #'s 1-5 and 7-17 (58-Y 35-N)

House

Passed by temporarily

House

Reconsideration of Governor's recommendation agreed to

House

VOTE: (59-Y 34-N)

House

House concurred in Governor's recommendation (59-Y 34-N)

House

Placed on Calendar

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

Apr 11, 2020

House

Governor's recommendation received by House

Mar 20, 2020

House

Impact statement from DPB (HB972ER)

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

House

Enrolled Bill communicated to Governor on March 20, 2020

Mar 19, 2020

House

Signed by Speaker

Mar 18, 2020

Senate

Signed by President

House

Enrolled

Mar 08, 2020

House

Conference report agreed to by House (56-Y 36-N)

Senate

Conference report agreed to by Senate (27-Y 12-N)

House

VOTE: Adoption (56-Y 36-N)

House

Second Conference substitute printed 20109945D-H3

Mar 07, 2020

House

VOTE: Adoption (57-Y 39-N)

House

Second conferees appointed by House

Senate

Second conferees appointed by Senate

Senate

Senate acceded to request for second conference committee (27-Y 12-N)

Senate

Senate requested second conference committee (27-Y 13-N)

Senate

Conference report rejected by Senate (2-Y 38-N)

House

House requested second conference committee

House

Conference report agreed to by House (57-Y 39-N)

Mar 05, 2020

Virginia General Assembly

Amended by conference committee

House

First Conference substitute printed 20109632D-H2

Mar 02, 2020

House

Impact statement from DPB (HB972S2)

Feb 27, 2020

House

House acceded to request

Senate

Conferees appointed by Senate

House

Conferees appointed by House

Feb 26, 2020

House

Senate substitute rejected by House 20108924D-S2 (0-Y 93-N)

Senate

Passed Senate with substitute (27-Y 13-N)

Senate

Engrossed by Senate - committee substitute HB972S2

Senate

Passed by temporarily

Senate

Committee substitute agreed to 20108924D-S2

Senate

Reading of substitute waived

Senate

Committee substitute rejected 20108635D-S1

Senate

Constitutional reading dispensed (38-Y 0-N)

Senate

Read third time

Senate

Senate requested conference committee

Senate

Senate insisted on substitute (40-Y 0-N)

House

VOTE: REJECTED (0-Y 93-N)

Feb 25, 2020

House

Impact statement from DPB (HB972S1)

Senate

Committee substitute printed 20108924D-S2

Senate

Reported from Finance and Appropriations with substitute (14-Y 2-N)

Feb 19, 2020

Senate

Committee substitute printed 20108635D-S1

Senate

Rereferred to Finance and Appropriations

Senate

Reported from Judiciary with substitute (10-Y 4-N)

Feb 14, 2020

House

Impact statement from DPB (HB972H1)

Feb 11, 2020

Senate

Referred to Committee on the Judiciary

Senate

Constitutional reading dispensed

Feb 10, 2020

House

Read third time and passed House (64-Y 34-N)

House

VOTE: Passage (64-Y 34-N)

Feb 07, 2020

House

Read second time

House

Engrossed by House - committee substitute HB972H1

House

Committee substitute agreed to 20107729D-H1

Feb 06, 2020

House

Read first time

Feb 05, 2020

House

Committee substitute printed 20107729D-H1

House

Reported from Courts of Justice with substitute (13-Y 8-N)

House

Incorporates HB301 (Levine)

House

Incorporates HB481 (Kory)

House

Incorporates HB265 (Heretick)

House

House committee, floor amendments and substitutes offered

Feb 03, 2020

House

Impact statement from DPB (HB972)

Jan 07, 2020

House

Prefiled and ordered printed; offered 01/08/20 20103384D

House

Referred to Committee for Courts of Justice

Bill Text

Bill Text Versions Format
Engrossed by Senate - committee substitute HB972S2 HTML
HB972H2 HTML
HB972H3 HTML
Bill text as passed House and Senate (HB972ER) HTML
Reenrolled bill text (HB972ER2) HTML
Acts of Assembly Chapter text (CHAP1285) HTML

Related Documents

Document Format
Amendment: HB972AG HTML
Amendment: HB972AC HTML

Sources

Data on Open States is updated nightly from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.