HOW DO WE RESENTENCE PEOPLE WITH CANNABIS CONVICTIONS?

Virginia legalized simple possession of marijuana, yet Virginia residents remain incarcerated for marijuana-related convictions. The next humane step after legalization is to resentence and release individuals still incarcerated and under surveillance for marijuana-related offenses. The 2021 marijuana bill puts the onus on convicted persons to self-identify for release and resentencing. Additionally, it makes the original sentencing court the sole decision-maker for resentencing, review, and release. 

The legislature should provide timely guidelines on new sentences that coincide with the recent legalization laws. To effectuate an incarcerated person’s release, the onus and authority lie on the Commonwealth to statute strong resentencing provisions with a clear eligibility scheme limiting judicial discretion. 

Best practices for resentencing:

1. Clear eligibility scheme

2. Vest onus for identification and initiation of the process with state, not the petitioner nor prosecutor alone

3. Provide judicial guidance with limited discretion

4. Proactively provide counsel

5. Establish enforceable timelines

6. Institute oversight and reporting

Re-Sentencing Marijuana Convictions Nationwide 

1. Automatic Re-Sentencing

   1. New Mexico

   2. Washington

2. Petitioner Initiated Resentencing

   1. New York

   2. Montana

3. Prosecutor-Initiated Resentencing

   1. California

   2. Illinois

Virginia’s look on resentencing marijuana convictions:

The following information is per the limited data from the Department of Corrections which was provided in a report to Virginia Cannabis Oversight Commission. As of August 31, 2021, the state is responsible for incarcerating 570 for 599 marijuana-related offenses. There are 229 people incarcerated with a non-drug related Most Serious Offense (MSO), 331 people incarcerated with Drug Sales MSO and 10 people incarcerated with Drug Possession MSO. Resentencing marijuana convictions would save the Virginia taxpayer from excessive criminalization after legalization.

Thank you Last Prisoner Project

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