Automatic Resentencing Is Coming for People Harmed by Old Marijuana Laws

1. Starting July 1, a new Virginia law will automatically send some pre‑legalization marijuana cases back to court for a second look. This resentencing law applies to people convicted of certain marijuana‑related felonies before July 1, 2021—the date simple possession became legal in the Commonwealth.

   
   Here is what the new law does:

   
   It covers people who are still incarcerated and those on supervised release for qualifying marijuana felonies.

• Courts must automatically schedule resentencing hearings for people whose sentences are based only on marijuana offenses—such as possession, selling, or transporting—by January 1, 2027.

• For people whose cases include a marijuana offense plus a non‑violent felony, courts must schedule hearings by April 1, 2027.

• At those hearings, judges must reduce the sentence, release the person, or remove them from supervision unless prosecutors prove that continued punishment for the marijuana offense is in the public interest.

• If a judge refuses to resentence someone, they must issue a written explanation.

• The Department of Corrections and local jails are responsible for identifying who qualifies and notifying both the courts and impacted people of their eligibility.
  
  This process is not open‑ended. Courts are expected to complete these re-sentencings over the next several years, and the law sunsets on July 1, 2029. Current estimates show that roughly 248 people still incarcerated and about 913 people on supervised release qualify under the law, with more expected to benefit as records are reviewed.

  As Justice Forward Virginia’s executive director Rob Poggenklass has emphasized, this law shifts the burden from individuals to the Commonwealth: people do not have to file an application to get a hearing. In a state moving toward a regulated cannabis marketplace, it is simply unacceptable that people remain behind bars—or under supervision—for conduct that is now legal, especially given the long history of racially disproportionate marijuana enforcement.

  Marijuana Justice has pushed relentlessly for this relief because Virginia cannot claim to move forward while our neighbors are still imprisoned for selling a plant.

Protecting Parents: Cannabis Use Can’t Cost You Your Kids

This law also brings long‑overdue protections for parents and caregivers who lawfully use cannabis. Governor Abigail Spanberger has signed HB 942, carried by Delegate Nadarius E. Clark, to make clear that a parent’s legal possession or consumption of cannabis cannot, by itself, be used to take away custody or visitation.

Under HB 942:

• A parent or guardian’s lawful cannabis use “alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.”

• Courts and agencies cannot treat a parent as having “failed” a drug test simply because they test positive for a legal substance such as cannabis.

• That the Board of Social Services shall amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, investigations, assessments and materials comply with the new law.
  

• This victory was years in the making. Delegate Clark advanced a similar protection last session, only to see it vetoed by former Governor Glenn Youngkin.

  Thanks to HB 942, Virginia law now reflects what families already know: when used responsibly and legally, cannabis should not be weaponized in custody courts or child welfare systems.

What This Means for You and Your Community

If you or someone you love has a pre‑July 1, 2021 marijuana felony:

• You do not need to file an application to be considered for resentencing. Courts will schedule hearings automatically by 2027, depending on the type of conviction.

• Make sure your mailing address is up to date with the Department of Corrections or your probation officer so you receive notices.
  

• Begin gathering paperwork now: sentencing orders, prior motions, certificates from programs you’ve completed, and letters of support can all help present the strongest case at your hearing.

If you are a parent or caregiver who legally uses cannabis:

• Your lawful cannabis use alone cannot be used as the sole reason to take your children, restrict your visitation, or label you an unfit parent.
  

• If you believe your cannabis use is being unfairly weaponized in a custody or child welfare case, you may want to consult with a legal aid or civil rights organization to understand how HB 942 applies to your situation.
  

Marijuana Justice and our partners will continue to monitor implementation, support people navigating resentencing, and fight for a marijuana system in Virginia that is truly about justice, not punishment.

Moving Toward a Regulated Adult‑Use Market

Virginia continues to wrestle with how to launch a fair, safe, and equitable adult‑use retail cannabis market. HB 642, patroned by Delegate Paul Krizek, and SB 542, patroned by Senator Lashrecse Aird, together set out the framework to legalize, regulate, and tax adult‑use cannabis sales in a way that centers restorative justice, equity, and public health.

As passed by the General Assembly, that framework would:

• License and regulate cultivators, processors, testing labs, transporters, retailers, delivery services, microbusinesses, and current medical operators.
  

• Start legal sales on July 1, 2027, with strong consumer protections, seed‑to‑sale tracking, and clear labeling and packaging rules.
  

• Include designation for “impact applicants,”to  include people with past marijuana offenses.

• Dedicate tax revenue to early childhood education, the Cannabis Equity Reinvestment Fund, and behavioral health services.

Governor Spanberger initially proposed a sweeping substitute that would have delayed sales, reduced possession limits, and increased tax rates, as well as expanded criminal penalties. Advocates and patrons raised deep concerns that this would entrench the illicit market, worsen inequities, and repeat past harms. The governor ultimately vetoed HB 642 and SB 542 as standalone bills.

However, a negotiated compromise between the patrons and the administration was later codified in the state budget, salvaging a path forward for regulated sales while also including troubling new penalties that will require continued vigilance and advocacy. That compromise framework raises the civil fine for public consumption from 25 dollars to 250 dollars and adds mandatory programs for people under 21 caught possessing cannabis once sales begin in 2027.

Marijuana Justice is clear: a true legalization framework must shrink—not expand—criminal penalties, must center those most harmed by the war on drugs, and must create real economic opportunities for Black, Brown, and low‑income communities across Virginia.

Thank You to Our Partners and Champions

1. None of these victories—or the ongoing fights—would be possible without a broad, determined coalition committed to marijuana justice in Virginia.
   

   We extend our deep gratitude to the organizations that have researched, organized, litigated, lobbied, and told the truth about marijuana criminalization and reform:
   

   • ACLU of Virginia

   • Drug Policy Alliance

   • Fountain Fund

   • Justice Forward Virginia

   • Latino Cannabis Alliance

   • Legal Aid Justice Center

   • Marijuana Policy Project

   • National Organization for the Reform of Marijuana Laws (NORML)

   • New Virginia Majority

   • Nolef Turns Inc.

   • OPN Door Communications

   • Parabola Center for Law and Policy

   • RISE for Youth

   • The Commonwealth Institute

   • The Humanization Project

   • Virginia Minority Cannabis

   • Virginia NORML

   • Virginia Student Power Network

   To every staff member, volunteer, directly impacted leader, and community partner inside these organizations: thank you for refusing to accept a status quo built on criminalization and racial injustice.
   

   We also thank the elected leaders who have used their power to move Virginia closer to real justice:

   • Governor Abigail Spanberger, for signing the resentencing legislation (HB 26 and SB 62) and parental rights protections (HB 942) into law.
     

   • Delegate Nadarius E. Clark (HB 942) for championing the rights of parents who legally use cannabis.
     

   • Senate President Pro Tempore Louise Lucas (SB 62) and Delegate Rozia Henson, Jr. (HB 26) for leading on resentencing and second chances.
     

   • Senator Lashrecse D. Aird (SB 542) and Delegate Paul Krizek (HB 642) for years of work to design a regulated adult‑use market centered on safety, fairness, and equity.

   Even where we disagree about the details of the retail framework, we recognize and appreciate the time, political capital, and courage it has taken to get Virginia this far.