Virginia Senate committees have advanced bills that will seal criminal records related to marijuana possession and revise record sealing processes in the state. Panel members also rejected a proposal to allow law enforcement officials to use marijuana odor as a probable reason for search.
The Senate Courts of Justice Committee voted 9–3 in favor of the record-sealing bill on Monday, with two members abstaining. Next, it will be heard by the Finance and Appropriations Committee.
The odor bill, meanwhile, was passed by indefinitely—effectively killing it—on a 8–6 vote.
The sponsor of this bill, Sen. Scott Surovell of the Democratic Party said it would “ensure that all marijuana possession charges and convictions are actually sealed.”
The existing law is not sufficient to provide meaningful relief from conduct now considered legal by the Commonwealth.
The lawmaker explained that a conviction for marijuana or a charge of it is sealed only if they appear in CCRE, the Central Criminal Records Exchange. “This is pretty much like hardly any thing.” He explained that most people who are charged with marijuana get summonses. “They don’t get fingerprinted and arrested.”
Surovell’s bill, SB 1466, also seals ancillary records related to cannabis charges and arrests,”including things like if you have a suspended sentence, probation, parole violations, contempt of court violations, failures to appear in bond appeals—those ancillary matters will be sealed,” he said.
Last week, the measure was introduced in conjunction with HB 2723 from Rep. Charniele Herring, a Democrat.
Use, possession and limited cultivation of marijuana by adults has been legal in Virginia since the enactment of a 2021 law.
Surovell’s bill states that under the new law, “charges and convictions” for “any criminal offense or civil offence” relating to marijuana possession will be “sealed… without entry of a court’s order.”
The provisions would not apply to records of the Department of Motor Vehicles that fall under federal retention regulations. The provision would not apply to certain Department of Motor Vehicle records that fall under federal record retention requirements.
Chelsea Higgs Wise is the executive director of Marijuana Justice and said that her group, along with other supporters, are working to pass the bill.
She said, in an email sent last week: “Marijuana Justice and our Cannajustice Coalition which includes Justice Forward Virginia RISE for Youth, and Virginia Student Power Network, is dedicated to implementing a 2025 record-sealing process to repair past marijuana crimes and, even with changes, we support the proposals of Delegate Herring, and Senator Surovell.”
Virginia State Crime Commission has approved several recommendations related to the sealing of records. This includes cannabis.
The legislation ensured that possession offenses were sealed without a court order, whether or not they had been convicted.
In March of last year, Governor. Glenn Youngkin (R) vetoed a bill to provide resentencing relief for people convicted of past cannabis crimes. If the bill had become law, it would have required that many criminal marijuana cases be resentenced before 2024. People who had their sentences increased for another crime because they were convicted of marijuana in the past would have received a hearing by April 1.
In his veto at that time, Governor wrote: “This Bill grants eligibility to an important number of violent criminals who have received a thorough and fair hearing,” and added that now is not the moment to allow a resentencing that would undermine public safety.
As for the odor bill—SB 947, from Sen. Bill DeSteph (R), which the Senate committee scuttled on Monday—it sought to undo a protection meant to limit law enforcement officers’ use of marijuana odor as a justification for stopping and searching individuals.
In 2021, a Virginia Law went into effect that prohibited police officers from searching or stopping anyone, anywhere, or anything based on the smell of marijuana. JM Pedini is the executive director and development director at Virginia NORML, NORML’s advocacy group. Virginia Republicans tried to reverse this progress every year.
“Repealing this law would bring back the rampant claims of ‘I smell marijuana’ used as justification for traffic stops and searches,” Pedini said in a message to MEDCAN24. Virginia allows adults over 21 to use cannabis for medical purposes. The committee voted to reject this idea. Those who possess cannabis legally should not be stopped and searched based on the smell.
Higgs WISE, of Marijuana Justice (Marijuana Justice), said on Monday that the justice advocates would continue to oppose efforts to rollback protections for civil rights.
She said that “every year, they will try to repeal the pretextual stopping criteria” and we would fight this every year, with Justice Forward Virginia, our partner.
As Virginia’s lawmakers rush through the short legislative session this year, which lasts only 30 days, they are also working on a bill to allow commercial marijuana sales. Although home cultivation, limited possession, and use are all legal, the commercial sale of marijuana remains prohibited.
The legal sale legislation was advanced by both chambers last week despite a threat of veto.
Lawmakers passed a commercial legalization measure last February, but Youngkin vetoed the legislation measure the following month.
Del. Paul Krizek (D) and Sen. Aaron Rouse (D) each sponsored separate legal sales bills last year, but this year they introduced a combined proposal reflecting the compromises made last session.
The legislation, if passed, would permit adults to buy up to 2,5 ounces (60 grams) of marijuana at state-regulated retailers. Sales will not start before May 1, 2020, although the Virginia Cannabis Control Authority can issue business licenses as soon as this September.
Taxes on purchases of marijuana for adult use could reach up to 11.625%. Only with voter approval could local governments ban marijuana businesses.
The subcommittee chairman, Krizek, stated at an hearing held last Friday that Virginia had a great chance to move marijuana away from street corners and behind age-verified counters, where it could be monitored for safety to consumers, packaged safely and attractively, and that no one under the age of 21 can purchase it.
The supporters of the regulation of commercial cannabis sales in Virginia emphasize that this move will not create a marijuana market in Virginia, but rather regulate its illicit market which is estimated to be worth nearly $3 billion.
Krizek said that the bill was “very overdue” and argued that Virginians would continue to be drawn to the illegal market if it were not passed.
Last year, it was due. “It’s more than due now that we have safe, legal, and affordable access to cannabis,” said he.
Del. Will Morefield (R) noted at Friday’s hearing that “Whether you support marijuana use or not, we need to make every effort that we possible can to provide a safe and regulated market.”
In reality, he added that possession was legal. “I hear from healthcare providers across the commonwealth but particularly in Southwest Virginia that positive drug test results for marijuana and amphetamines are being returned.
He said that although they were smoking pot, they didn’t plan to take methamphetamines, or any other drug. “They’re purchasing this from an illicit market.”
A week earlier, the Senate Committee on Rehabilitation and Social Services advanced Rouse’s bill on an 8–7 vote.
Rouse stated at that time, “I am proud of having brought forward a framework to allow adult use cannabis via a structured application process.” This bill puts public safety first by creating a market that is well-regulated and keeps adult products away from children. We have witnessed an increase in the number of unregulated and illegal marijuana shops over recent years. Virginians have been put at risk by unlicensed drug sellers who sell untaxed and untested products worth billions, many of which are sold to children.
He said: “A well-regulated market for retail is essential for the public’s safety. It will guarantee that all products have been tested and are safe, accurately labelled, and sold under controlled conditions, away from children.”
In his State of the Commonwealth address earlier this month, Youngkin emphasized that he has no interest in cooperating with lawmakers to legalize retail marijuana sales, claiming that doing so would hurt children, worsen mental health and increase violent crime.
The governor stated that “everyone knows my position on the establishment of a retail cannabis market”.
Krizek told MEDCAN24 last month that it’s possible some Republican lawmakers might challenge Youngkin’s opposition to legal cannabis sales given that the governor’s term ends early next year. The advocates hope that the new governor will have a more favorable attitude towards regulated marijuana sales. They note that some Republican politicians in other states are more open-minded to reform.
Jason Blanchette is the president of Virginia Cannabis Association. He told MEDCAN24 in a recent interview that he believes Youngkin will again veto a bill allowing legal cannabis sales if the issue reaches his desk during this legislative session. However, despite this, he said that lawmakers should still take the matter up.
The term of the governor, who is limited to one year, ends in early 2019. The feeling is it will set a very strong precedent to the next Governor.
Youngkin also rejected minor cannabis during the last legislative session. He vetoed a proposal, for example, that would have prevented the state from considering marijuana use alone as evidence of child abuse or neglect despite the measure winning unanimous or near-unanimous approval in votes on the Senate floor.
After that, Del. Rae Cousins (D), the bill’s sponsor, accused the governor of “turning his back on the needs of our children and neglecting their well-being by encouraging the courts to move forward with unnecessary family separations.”
Separately, last April, Virginia Health Commissioner Karen Shelton said her agency had received a sufficient number of reports of minors getting sick from cannabis products that the commonwealth would create a “special surveillance system” to track the issue.
The Virginia Senate advanced legislation to fund the clinical trials of veterans and FDA “breakthrough therapies”, including substances like psilocybin and MDMA.
The new bill references the FDA breakthrough therapy designation and the federal Right to Try Act—intended to give patients with terminal conditions the opportunity to try investigational medications that have not been approved for general use—as well as a number of conditions that research shows psychedelics may help treat, including post-traumatic stress disorder (PTSD), treatment-resistant depression, major depressive disorder and traumatic brain injury.
Rubio, Secretary of State, is urged by lawmakers to free Americans jailed in Russia on medical marijuana charges.
Mike Latimer is the photographer.