SB 2

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Nov 18, 2019
  • Passed Senate Feb 11, 2020
  • Passed House 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 SB 815 and is identical to HB 972.

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50, or 5 hours of community service as an alternative punishment. 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 the suspended sentence and substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations. The bill also provides that simple possession of marijuana may constitute conduct that presents a serious threat to the well-being of a child for the purposes of defining a "child in need of services." The bill defines marijuana to include hashish oil. The bill raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill contains technical amendments. This bill incorporates SB 815.

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 SB 815 and is identical to HB 972.

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possessionand provides a civil penalty of no more than $50. Current law imposesa maximum fine of $500 and a maximum 30-day jail sentence for a firstoffense, and subsequent offenses are a Class 1 misdemeanor. The billprovides that the suspended sentence and substance abuse screeningprovisions and driver's license suspension provisions apply onlyto criminal violations or to civil violations by a juvenile. Thebill defines marijuana to include hashish oil. The bill raises thethreshold amount of marijuana subject to the offense of distributionor possession with intent to distribute from one-half ounce to oneounce. The bill also allows a person to petition for expungementof convictions and deferred disposition dismissals for marijuanapossession when all court costs and fines and orders of restitutionhave been paid. The bill contains technical amendments.

Bill Sponsors (9)

Votes


Actions


May 21, 2020

Office of the Governor

Approved by Governor-Chapter 1286 (effective 7/1/20)

Apr 29, 2020

Senate

Reenrolled Bill Communicated to Governor on April 29, 2020

Office of the Governor

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

Apr 22, 2020

House

VOTE: (56-Y 37-N)

House

House concurred in Governor's recommendation #'s 1-5 and 7-16 (56-Y 37-N)

Senate

Reenrolled bill text (SB2ER2)

Senate

Reenrolled

Office of the Governor

Governor's recommendation adopted in-part

House

Passed by temporarily

Senate

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

Senate

Senate rejected Governor's recommendation #6 (6-Y 34-N)

Senate

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

House

Signed by Speaker as reenrolled

Senate

Signed by President as reenrolled

Apr 11, 2020

Senate

Governor's recommendation received by Senate

Mar 20, 2020

Office of the Governor

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

Senate

Enrolled Bill Communicated to Governor on March 20, 2020

Senate

Impact statement from DPB (SB2ER)

Mar 19, 2020

House

Signed by Speaker

Mar 18, 2020

Senate

Signed by President

Senate

Enrolled

Mar 08, 2020

House

Conference report agreed to by House (57-Y 33-N)

House

VOTE: Adoption (57-Y 33-N)

Senate

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

Mar 07, 2020

Senate

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

Senate

Second Conference substitute printed 20109965D-S3

Senate

Second conferees appointed by Senate

House

Second conferees appointed by House

House

House acceded to request for second conference committee

Senate

Senate requested second conference committee (26-Y 14-N)

Mar 06, 2020

Senate

Impact statement from DPB (SB2S2)

Mar 05, 2020

House

VOTE: Adoption (58-Y 38-N)

House

VOTE: Adoption #2 (61-Y 37-N)

House

Conference report agreed to by House (61-Y 37-N)

Virginia General Assembly

Amended by conference committee

Senate

First Conference substitute printed 20109521D-S2

House

Conference report agreed to by House (58-Y 38-N)

House

Reconsideration of conference report agreed to by House

Feb 27, 2020

House

Conferees appointed by House

Senate

Conferees appointed by Senate

Feb 26, 2020

House

House insisted on substitute

House

Read third time

House

Passed by temporarily

House

Committee on Courts of Justice substitute rejected 20108640D-H1

House

Committee on Appropriations substitute agreed to 20108848D-H2

House

Engrossed by House - committee substitute SB2H2

House

Passed House with substitute (63-Y 35-N)

House

VOTE: Passage (63-Y 35-N)

Senate

House substitute rejected by Senate (1-Y 38-N)

House

House requested conference committee

Senate

Senate acceded to request (40-Y 0-N)

Feb 25, 2020

Senate

Impact statement from DPB (SB2H2)

House

Read second time

Feb 21, 2020

House

House committee, floor amendments and substitutes offered

House

Committee substitute printed 20108848D-H2

House

Reported from Appropriations with substitute (16-Y 6-N)

Feb 19, 2020

House

Reported from Courts of Justice with substitute (12-Y 8-N)

House

Referred to Committee on Appropriations

House

Committee substitute printed 20108640D-H1

House

House committee, floor amendments and substitutes offered

Feb 14, 2020

House

Read first time

Senate

Impact statement from DPB (SB2ES1)

House

Referred to Committee for Courts of Justice

House

Placed on Calendar

Feb 11, 2020

Senate

Committee substitute agreed to 20106511D-S1

Senate

Passed Senate (27-Y 13-N)

Senate

Constitutional reading dispensed (40-Y 0-N)

Senate

Printed as engrossed 20106511D-ES1

Senate

Engrossed by Senate - committee substitute with amendment SB2ES1

Senate

Read second time

Senate

Amendment by Senator Ebbin agreed to

Senate

Reading of amendment waived

Senate

Amendment by Senator Surovell rejected

Senate

Reading of amendment waived

Senate

Reading of substitute waived

Feb 10, 2020

Senate

Constitutional reading dispensed (36-Y 0-N)

Feb 06, 2020

Senate

Reported from Finance and Appropriations (12-Y 3-N)

Jan 29, 2020

Senate

Reported from Judiciary with substitute (10-Y 3-N)

Senate

Rereferred to Finance and Appropriations

Senate

Committee substitute printed 20106511D-S1

Senate

Incorporates SB815 (Morrissey)

Jan 28, 2020

Senate

Impact statement from DPB (SB2)

Jan 16, 2020

Senate

Assigned Judiciary sub: Criminal Law

Jan 08, 2020

Senate

Moved from Courts of Justice to Judiciary due to a change of the committee name

Nov 18, 2019

Senate

Referred to Committee on the Judiciary

Senate

Prefiled and ordered printed; offered 01/08/20 20100705D

Bill Text

Bill Text Versions Format
Impact statement from DPB (SB2H2) HTML
Impact statement from DPB (SB2S2) HTML
SB2S3 HTML
Bill text as passed Senate and House (SB2ER) HTML
Reenrolled bill text (SB2ER2) HTML
Acts of Assembly Chapter text (CHAP1286) HTML

Related Documents

Document Format
Amendment: SB2ASR HTML
Amendment: SB2AS HTML
Amendment: SB2AG HTML
Amendment: SB2AC 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.