Virginia Senate Bill SB518

Virginia 2022 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

Marijuana related offenses; modification of sentence.

Impact

If enacted, SB518 would directly affect the Virginia Code by adding a new section that details the parameters under which individuals convicted before the legalization of marijuana can appeal for sentence modification. Specifically, it requires circuit courts to reconsider cases where defendants were convicted of certain felony charges involving marijuana. This approach recognizes the growing consensus around marijuana legalization and could lead to the release of individuals who may be serving sentences that no longer align with current laws.

Summary

SB518 focuses on allowing modifications of sentences for individuals convicted of felony marijuana-related offenses prior to the legalization of marijuana in Virginia. The bill emphasizes that individuals who meet specific criteria related to their convictions will be eligible for a hearing to consider potentially reducing or vacating their sentences. Importantly, the bill sets deadlines for the courts to schedule hearings for these cases, thereby expediting the process for those affected by past marijuana laws. This reflects a shift in state policy recognizing the changing legal landscape regarding marijuana use and possession.

Contention

The bill faced some contention as it pertains to how the courts manage existing convictions for marijuana-related felonies, especially those that may have included enhancements due to previous felony convictions. Supporters argue that this bill is a necessary step toward criminal justice reform and fairness, while opponents may raise concerns about the implications for public safety and the potential for perceived leniency on drug-related offenses. The requirement for the Commonwealth to receive notice of these hearings may also involve additional considerations regarding the role of prosecutors and victim notification in the sentence modification process.