Marijuana Moment: Virginia Lawmaker Worries Governor’s Marijuana Resentencing Bill Amendment Will Let People ‘Fall Through The Cracks’

[Tokeativity]

A Virginia lawmaker who sponsored a bill to provide resentencing relief for people with past marijuana convictions that the governor is proposing to significantly scale back says he will accept those changes, even if he is not happy about them.

As approved by lawmakers,  HB 26 from Rozia Henson, Jr. (D), along with companion bill SB 62 from Senate President Pro Tem Louise Lucas (D), would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.

Under the amendments proposed to the cannabis legislation by Gov. Abigail Spanberger (D) on Monday, however, affected persons would have to proactively file petitions to get the relief instead of having the courts proceed automatically.

Henson said on Tuesday that his legislation was “built for the people still paying the price for something Virginia has since made legal.”

“If the commonwealth changed the law, it has an obligation to revisit the consequences still being borne by people convicted under the old one,” he said.

The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.

Under the bill as approved by lawmakers, state and local corrections officials would have been required to identify and notify eligible people of their rights for resentencing relief and then work with courts to schedule hearings automatically

“No one would fall through the cracks simply because they lacked a lawyer or did not know to ask,” Henson said. “The amendment shifts that entire burden onto individuals navigating incarceration or active supervision; often without the information or resources to file a petition on their own.”

The governor’s office claimed in a press release that her amendments “clarify that under no circumstances would reconsideration be allowed for violent offenses that remain illegal in Virginia—from armed burglary to firearm possession to distribution of fentanyl, heroin, and other dangerous drugs.”

Henson said he shares “the governor’s commitment to ensuring that violent offenders are not eligible for this relief; and that commitment is reflected in the bill itself, which already excluded individuals convicted of acts of violence under Virginia law.”

“We are aligned on that principle,” he said. “What I continue to believe, however, is that this amendment changes something else entirely: whether the people who do qualify will have to find their own way to the courthouse door.”

Spanberger’s release did not make any mention of her major actual change to the bill, which is to remove its provisions for automatic relief for people with cannabis convictions.

Despite the disagreement, the lawmaker said he is willing to accept the governor’s amendment.

“A petition pathway is a real pathway, and I am not willing to let the perfect be the enemy of the good when people’s freedom is at stake,” Henson said. “But acceptance is not the same as agreement.”

“The communities most harmed by decades of marijuana enforcement deserve a process that meets them where they are; not one that requires them to navigate the legal system alone while still behind bars. I will be working to ensure that legal aid organizations, public defenders, and community groups have the resources they need to help eligible individuals access the relief this law provides. To every Virginian still carrying the weight of a marijuana conviction; and to every family that has watched a loved one remain incarcerated for something Virginia has since made legal; I want you to know that this moment is not the end of the fight, it is proof that the fight is working. Change is hard and it is rarely as fast or as complete as it should be, but we are moving forward.”

pic.twitter.com/T2o4H8oAHh

— Delegate Rozia A. Henson Jr (@Henson4Virginia) April 14, 2026

Spanberger’s amendment also removes deadlines for court hearings on resentencing relief.

Similar legislation was approved by lawmakers last session but it was vetoed by then-Gov. Glenn Youngkin (R).

Meanwhile, Spanberger is also suggesting large-scale amendments to separate legislation to legalize recreational marijuana sales in the Virginia—including by delaying the start date for sales by six months, increasing taxes and instituting new criminal penalties for cannabis consumers.

The sponsors of those bills are also pushing back against Spanberger’s proposed cannabis amendments, though unlike Henson they have given no public indication that they are willing to accept them.

Separately, Spanberger signed several other reform bills this week—including measures to protect the parental rights of marijuana consumers and allow patients to access medical cannabis in hospitals.

The post Virginia Lawmaker Worries Governor’s Marijuana Resentencing Bill Amendment Will Let People ‘Fall Through The Cracks’ appeared first on Marijuana Moment.

View the live link on MarijuanaMoment.net