VA SB2 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: Passed on May 21 2020 - 100% progression
Action: 2020-05-21 - Governor: Acts of Assembly Chapter text (CHAP1286)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: Passed on May 21 2020 - 100% progression
Action: 2020-05-21 - Governor: Acts of Assembly Chapter text (CHAP1286)
Text: Latest bill text (Chaptered) [HTML]
Summary
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.
Title
Marijuana; definitions, possession and consumption, civil penalties, report.
Sponsors
Sen. Adam Ebbin [D] | Sen. Thomas Norment [R] | Sen. Joseph Morrissey [D] | Sen. Jennifer Boysko [D] |
Sen. Siobhan Dunnavant [R] | Sen. Lynwood Lewis [D] | Sen. Louise Lucas [D] | Sen. William Stanley [R] |
Roll Calls
2020-04-22 - House - House: VOTE: (56-Y 37-N) (Y: 56 N: 37 NV: 7 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Senate rejected Governor's recommendation #17 (5-Y 35-N) (Y: 5 N: 35 NV: 0 Abs: 0) [FAIL]
2020-04-22 - Senate - Senate: Senate rejected Governor's recommendation #6 (6-Y 34-N) (Y: 6 N: 34 NV: 0 Abs: 0) [FAIL]
2020-03-08 - Senate - Senate: Conference report agreed to by Senate (27-Y 12-N) (Y: 27 N: 12 NV: 1 Abs: 0) [PASS]
2020-03-08 - House - House: VOTE: Adoption (57-Y 33-N) (Y: 57 N: 33 NV: 10 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Senate requested second conference committee (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Conference report rejected by Senate (2-Y 38-N) (Y: 2 N: 38 NV: 0 Abs: 0) [FAIL]
2020-03-05 - House - House: VOTE: Adoption #2 (61-Y 37-N) (Y: 61 N: 37 NV: 2 Abs: 0) [PASS]
2020-03-05 - House - House: VOTE: Adoption (58-Y 38-N) (Y: 58 N: 38 NV: 4 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: House substitute rejected by Senate (1-Y 38-N) (Y: 1 N: 38 NV: 1 Abs: 0) [FAIL]
2020-02-26 - House - House: VOTE: Passage (63-Y 35-N) (Y: 63 N: 35 NV: 2 Abs: 0) [PASS]
2020-02-21 - House - House: Reported from Appropriations with substitute (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-19 - House - House: Reported from Courts of Justice with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 2 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-10 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Reported from Finance and Appropriations (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2020-01-29 - Senate - Senate: Reported from Judiciary with substitute (10-Y 3-N) (Y: 10 N: 3 NV: 0 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Senate rejected Governor's recommendation #17 (5-Y 35-N) (Y: 5 N: 35 NV: 0 Abs: 0) [FAIL]
2020-04-22 - Senate - Senate: Senate rejected Governor's recommendation #6 (6-Y 34-N) (Y: 6 N: 34 NV: 0 Abs: 0) [FAIL]
2020-03-08 - Senate - Senate: Conference report agreed to by Senate (27-Y 12-N) (Y: 27 N: 12 NV: 1 Abs: 0) [PASS]
2020-03-08 - House - House: VOTE: Adoption (57-Y 33-N) (Y: 57 N: 33 NV: 10 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Senate requested second conference committee (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Conference report rejected by Senate (2-Y 38-N) (Y: 2 N: 38 NV: 0 Abs: 0) [FAIL]
2020-03-05 - House - House: VOTE: Adoption #2 (61-Y 37-N) (Y: 61 N: 37 NV: 2 Abs: 0) [PASS]
2020-03-05 - House - House: VOTE: Adoption (58-Y 38-N) (Y: 58 N: 38 NV: 4 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: House substitute rejected by Senate (1-Y 38-N) (Y: 1 N: 38 NV: 1 Abs: 0) [FAIL]
2020-02-26 - House - House: VOTE: Passage (63-Y 35-N) (Y: 63 N: 35 NV: 2 Abs: 0) [PASS]
2020-02-21 - House - House: Reported from Appropriations with substitute (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-19 - House - House: Reported from Courts of Justice with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 2 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-10 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Reported from Finance and Appropriations (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2020-01-29 - Senate - Senate: Reported from Judiciary with substitute (10-Y 3-N) (Y: 10 N: 3 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-05-21 | Governor: Acts of Assembly Chapter text (CHAP1286) | |
2020-05-21 | Governor: Approved by Governor-Chapter 1286 (effective 7/1/20) | |
2020-04-29 | Governor: Governor's Action Deadline 11:59 p.m., May 22, 2020 | |
2020-04-29 | Senate | Reenrolled Bill Communicated to Governor on April 29, 2020 |
2020-04-22 | House | Signed by Speaker as reenrolled |
2020-04-22 | Senate | Signed by President as reenrolled |
2020-04-22 | Senate | Reenrolled bill text (SB2ER2) |
2020-04-22 | Senate | Reenrolled |
2020-04-22 | Governor: Governor's recommendation adopted in-part | |
2020-04-22 | House | VOTE: (56-Y 37-N) |
2020-04-22 | House | House concurred in Governor's recommendation #'s 1-5 and 7-16 (56-Y 37-N) |
2020-04-22 | House | Passed by temporarily |
2020-04-22 | Senate | Senate rejected Governor's recommendation #17 (5-Y 35-N) |
2020-04-22 | Senate | Senate rejected Governor's recommendation #6 (6-Y 34-N) |
2020-04-22 | Senate | Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N) |
2020-04-11 | Senate | Governor's recommendation received by Senate |
2020-03-20 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
2020-03-20 | Senate | Enrolled Bill Communicated to Governor on March 20, 2020 |
2020-03-19 | House | Signed by Speaker |
2020-03-18 | Senate | Signed by President |
2020-03-18 | Senate | Bill text as passed Senate and House (SB2ER) |
2020-03-18 | Senate | Enrolled |
2020-03-08 | House | VOTE: Adoption (57-Y 33-N) |
2020-03-08 | House | Conference report agreed to by House (57-Y 33-N) |
2020-03-08 | Senate | Conference report agreed to by Senate (27-Y 12-N) |
2020-03-07 | Senate | Second Conference substitute printed 20109965D-S3 |
2020-03-07 | Senate | Senators: Ebbin, Morrissey, Stanley |
2020-03-07 | Senate | Second conferees appointed by Senate |
2020-03-07 | House | Delegates: Herring, Heretick, Collins |
2020-03-07 | House | Second conferees appointed by House |
2020-03-07 | House | House acceded to request for second conference committee |
2020-03-07 | Senate | Senate requested second conference committee (26-Y 14-N) |
2020-03-07 | Senate | Conference report rejected by Senate (2-Y 38-N) |
2020-03-05 | House | VOTE: Adoption #2 (61-Y 37-N) |
2020-03-05 | House | Conference report agreed to by House (61-Y 37-N) |
2020-03-05 | House | Reconsideration of conference report agreed to by House |
2020-03-05 | House | VOTE: Adoption (58-Y 38-N) |
2020-03-05 | House | Conference report agreed to by House (58-Y 38-N) |
2020-03-05 | Senate | First Conference substitute printed 20109521D-S2 |
2020-03-05 | Conference: Amended by conference committee | |
2020-02-27 | House | Delegates: Herring, Heretick, Collins |
2020-02-27 | House | Conferees appointed by House |
2020-02-27 | Senate | Senators: Ebbin, Morrissey, Stanley |
2020-02-27 | Senate | Conferees appointed by Senate |
2020-02-26 | Senate | Senate acceded to request (40-Y 0-N) |
2020-02-26 | House | House requested conference committee |
2020-02-26 | House | House insisted on substitute |
2020-02-26 | Senate | House substitute rejected by Senate (1-Y 38-N) |
2020-02-26 | House | VOTE: Passage (63-Y 35-N) |
2020-02-26 | House | Passed House with substitute (63-Y 35-N) |
2020-02-26 | House | Engrossed by House - committee substitute SB2H2 |
2020-02-26 | House | Committee on Appropriations substitute agreed to 20108848D-H2 |
2020-02-26 | House | Committee on Courts of Justice substitute rejected 20108640D-H1 |
2020-02-26 | House | Passed by temporarily |
2020-02-26 | House | Read third time |
2020-02-25 | House | Read second time |
2020-02-21 | House | Committee substitute printed 20108848D-H2 |
2020-02-21 | House | Reported from Appropriations with substitute (16-Y 6-N) |
2020-02-19 | House | Referred to Committee on Appropriations |
2020-02-19 | House | Committee substitute printed 20108640D-H1 |
2020-02-19 | House | Reported from Courts of Justice with substitute (12-Y 8-N) |
2020-02-14 | House | Referred to Committee for Courts of Justice |
2020-02-14 | House | Read first time |
2020-02-14 | House | Placed on Calendar |
2020-02-11 | Senate | Passed Senate (27-Y 13-N) |
2020-02-11 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2020-02-11 | Senate | Printed as engrossed 20106511D-ES1 |
2020-02-11 | Senate | Engrossed by Senate - committee substitute with amendment SB2ES1 |
2020-02-11 | Senate | Amendment by Senator Ebbin agreed to |
2020-02-11 | Senate | Reading of amendment waived |
2020-02-11 | Senate | Amendment by Senator Surovell rejected |
2020-02-11 | Senate | Reading of amendment waived |
2020-02-11 | Senate | Committee substitute agreed to 20106511D-S1 |
2020-02-11 | Senate | Reading of substitute waived |
2020-02-11 | Senate | Read second time |
2020-02-10 | Senate | Constitutional reading dispensed (36-Y 0-N) |
2020-02-06 | Senate | Reported from Finance and Appropriations (12-Y 3-N) |
2020-01-29 | Senate | Rereferred to Finance and Appropriations |
2020-01-29 | Senate | Committee substitute printed 20106511D-S1 |
2020-01-29 | Senate | Incorporates SB815 (Morrissey) |
2020-01-29 | Senate | Reported from Judiciary with substitute (10-Y 3-N) |
2020-01-16 | Senate | Assigned Judiciary sub: Criminal Law |
2020-01-08 | Senate | Moved from Courts of Justice to Judiciary due to a change of the committee name |
2019-11-18 | Senate | Referred to Committee on the Judiciary |
2019-11-18 | Senate | Prefiled and ordered printed; offered 01/08/20 20100705D |
Same As/Similar To
SB815 (Same As) 2020-01-29 - Incorporated by Judiciary
HB972 (Same As) 2020-05-21 - Governor: Acts of Assembly Chapter text (CHAP1285)
HB972 (Same As) 2020-05-21 - Governor: Acts of Assembly Chapter text (CHAP1285)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
16 | 1 | 228 | (n/a) | See Bill Text |
16 | 1 | 260 | (n/a) | See Bill Text |
16 | 1 | 273 | (n/a) | See Bill Text |
18 | 2 | 247 | (n/a) | See Bill Text |
18 | 2 | 248.1 | (n/a) | See Bill Text |
18 | 2 | 250.1 | (n/a) | See Bill Text |
18 | 2 | 251 | (n/a) | See Bill Text |
18 | 2 | 251.02 | (n/a) | See Bill Text |
18 | 2 | 252 | (n/a) | See Bill Text |
18 | 2 | 254 | (n/a) | See Bill Text |
18 | 2 | 259.1 | (n/a) | See Bill Text |
19 | 2 | 392.2 | (n/a) | See Bill Text |
19 | 2 | 392.4 | (n/a) | See Bill Text |
46 | 2 | 390.1 | (n/a) | See Bill Text |
54 | 1 | 3401 | (n/a) | See Bill Text |
54 | 1 | 3446 | (n/a) | See Bill Text |