Virginians serving time for old marijuana felonies get a new hearing

Virginia made adult possession of marijuana legal in July 2021, while unlicensed sales and many other marijuana offenses remained illegal. Some people sentenced for certain marijuana felonies committed before that date were still locked up or under supervision. This law gives eligible people a new hearing, where a judge must consider that marijuana has been legalized. The judge can shorten the sentence, order release, or end supervision. The prosecutor can block a reduction only by showing it would not serve the public interest. A judge who says no must explain why in writing.

You don’t have to apply for a hearing. The Department of Corrections, Department of Juvenile Justice, and local and regional jails identify the people who qualify, notify them, and tell the courts that sentenced them. People may petition for appointed counsel, while anyone found indigent at the original sentencing gets counsel without filing a new petition. Hearings for people sentenced only for marijuana must be scheduled by Jan. 1, 2027. Cases that also include another offense that was not an act of violence must be scheduled by April 1, 2027. Cases that came with an act of violence don’t qualify. The process ends July 1, 2029.

Del. Rozia Henson carried the bill, and Senate President Pro Tem Louise Lucas carried the identical Senate version. A similar bill passed in 2025, but then-Gov. Glenn Youngkin vetoed it. This year the House passed it 63–34 and the Senate gave final approval 21–19. Gov. Abigail Spanberger proposed making people file petitions instead of getting automatic hearings. Lawmakers rejected that change, and she signed the bill as passed on May 14, 2026.