MARIJUANA/DRUG LEGISLATION - 2022
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PASSED HOUSE AND SENATE
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HB 192 Opioids; repeals sunset provisions relating to prescriber requesting information about a patient
Introduced by: M. Keith Hodges [R]
Prescription of opioids; sunset. Repeals sunset provisions for the requirement that a prescriber registered with the Prescription Monitoring Program request information about a patient from the Program upon initiating a new course of treatment that includes the prescribing of opioids anticipated, at the onset of treatment, to last more than seven consecutive days.
04/11/22 House: Governor's recommendation received by House
04/27/22 House: Signed by Speaker as reenrolled
04/27/22 Governor: Governor's recommendation adopted
04/27/22 Senate: Signed by President as reenrolled
04/27/22 House: Enacted, Chapter 747 (effective 7/1/22)
View bill here.
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HB 193 Drug Control Act; adds certain chemicals to Schedule I of Act
Introduced by: M. Keith Hodges [R]
Drug Control Act; Schedule I. Adds certain chemicals to Schedule I of the Drug Control Act. The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.
04/06/22 Governor: Approved by Governor-Chapter 114 (effective 7/1/22)
04/06/22 Governor: Acts of Assembly Chapter text (CHAP0114)
View bill here.
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DID NOT PASS OR CONTINUED TO 2023
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HB 43 Retail marijuana stores; requirement for local referendum. FAILED
Introduced by: R. Lee Ware [R]
Retail marijuana stores; requirement for local referendum. Provides that if an act of assembly is passed by the 2022 Session of the General Assembly that authorizes the operation of retail marijuana stores in the Commonwealth, such retail marijuana stores may be located only in localities that have approved the operation of retail marijuana stores through a referendum held in accordance with the provisions of the bill.
02/15/22 House: Left in General Laws
View bill here.
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HB 72 Marijuana cultivation facility licenses; prohibition on sale of plants and seeds. FAILED.
Introduced by: R. Lee Ware [R]
Marijuana cultivation facility licenses; prohibition on sale of plants and seeds. Provides that, if an act of assembly is passed by the 2022 Session of the General Assembly that creates a license that authorizes the licensee to cultivate retail marijuana and perform related activities, such licensees shall not be permitted to sell mature or immature marijuana plants or marijuana seeds to consumers.
02/15/22 House: Left in General Laws
View bill here.
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HB 79 Certain traffic offenses; issuing citations. PASSED BY INDEFINITELY
Introduced by: Ronnie R. Campbell [R]
Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions. This bill incorporates HB 1030.
02/11/22 House: VOTE: Passage (52-Y 45-N)
02/14/22 Senate: Referred to Committee on the Judiciary
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
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HB 176 Cannabis control; vertical integration, social equity. FAILED
Introduced by: Daniel W. Marshall, III [R]
Cannabis control; vertical integration; social equity. Requires the Board of Directors of the Virginia Cannabis Control Authority (the Board) to promulgate regulations that allow to qualify as a social equity applicant, and therefore receive certain licensing preferences and advantages, any applicant that has lived or been domiciled for at least 12 months in the Commonwealth and whose principal place of business is, and was prior to July 1, 2021, located in a jurisdiction determined by the Board to be economically distressed. The bill also provides that, if an act of assembly is passed by the 2022 Session of the General Assembly that creates licenses to allow for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products in the Commonwealth, any industrial hemp processor that meets certain registration, program, and production requirements set forth in the bill shall be permitted to possess one or any combination of such licenses upon payment of a $1 million fee to the Board and submission of and compliance with a diversity, equity, and inclusion plan.
02/15/22 House: Left in General Laws
View bill here.
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HB 211 Cannabis products; retail sale by certain pharmaceutical processors. FAILED.
Introduced by: M. Keith Hodge [R]
Retail sale of cannabis products by certain pharmaceutical processors; sunset. Allows certain pharmaceutical processors to, under the oversight of the Board of Pharmacy, sell cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill provides that such sales will be subject to existing Board of Pharmacy regulations and other requirements set forth in the bill. The bill requires pharmaceutical processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors to submit and comply with a plan describing how the pharmaceutical processor will, in its health service area, educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill directs the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations governing sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to the provisions of the bill and provides that, upon the adoption of such regulations, oversight of such activities shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority. The bill expires when pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.
02/15/22 House: Left in General Laws
View bill here.
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HB 280 Marijuana-related offenses; modification of sentence FAILED.
Introduced by: Carrie E. Coyner [R]
Modification of sentence for marijuana-related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, may receive an automatic hearing to consider modification of such person's sentence. The provisions of this bill sunset on July 1, 2024.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 343 Barrier crimes; removing offenses involving possession, use, manufacturing of controlled substances. FAILED
Introduced by: Suhas Subramanyam [D]
Barrier crimes; removing offenses involving possession, use, manufacturing, etc., of controlled substances. Removes nonviolent offenses involving the possession, use, manufacturing, distributing, selling, etc., of controlled substances from the list of crimes that constitute a barrier to employment.
02/03/22 House: Subcommittee recommends passing by indefinitely (5-Y 4-N)
02/15/22 House: Left in Health, Welfare and Institutions
View bill here.
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HB 361 Allowing access to, purchase for, or provision of marijuana to minors; penalties. FAILED.
Introduced by: Vivian E. Watts [D]
Allowing access to, purchase for, or provision of marijuana to minors; penalties. Clarifies that it is a Class 1 misdemeanor for any person who cultivates marijuana plants for personal use to recklessly allow unauthorized access to such marijuana plants by a person younger than 21 years of age.
The bill provides that any person who purchases marijuana or marijuana products for, or otherwise gives, provides, or assists in the provision of marijuana or marijuana products to, another person when he knows or has reason to know that such person is younger than 21 years of age, except by any federal, state, or local law-enforcement officer when possession of marijuana or marijuana products is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor. The bill also removes marijuana from the types of drugs for which distribution to a person under the age of 18 is a felony punishable by a period not less than 10 nor more than 50 years, and a fine not more than $100,000 with the possibility of mandatory minimum sentences. Such provisions shall not become effective if the corresponding provisions of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, are reenacted by the 2022 Session of the General Assembly.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 430 Cannabis control; retail market; penalties. FAILED.
Introduced by: Charniele L. Herring [D]
Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to criminal penalties, expungement, regulation of certain hemp products, and diversity, equity, and inclusion.
02/15/22 House: Left in General Laws
View bill here.
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HB 612 Possession of controlled substances; penalties. FAILED.
Introduced by: Sally L. Hudson [D]
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.
The bill also provides that, for the purposes of the offense of possession of controlled substances, the term "controlled substance" does not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a usable quantity or a countable dosage unit.
The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute.
The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. The bill contains technical amendments.
01/21/22 House: Subcommittee recommends laying on the table (6-Y 2-N)
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 618 Possession of controlled substances; barrier crimes. FAILED
Introduced by: Sally L. Hudson [D]
Possession of controlled substances; barrier crimes. Removes from the definition of barrier crime a felony violation of possession of a controlled substance.
02/03/22 House: Subcommittee recommends passing by indefinitely (5-Y 4-N)
02/15/22 House: Left in Health, Welfare and Institutions
View bill here.
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HB 619 Possession of controlled substances; residue. FAILED
Introduced by: Sally L. Hudson [D]
Possession of controlled substances; residue. Provides that for the purposes of the crime of possession of controlled substances, "controlled substance" shall not include mere residue of any substance that is not a usable quantity or a countable dosage unit.
01/21/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 875 Cannabis Equity Reinvestment Board; Board of Directors of Virginia Cannabis Control Authority FAILED.
Introduced by: Alfonso H. Lopez [R]
Cannabis Equity Reinvestment Board; Board of Directors of Virginia Cannabis Control Authority; Cannabis Public Health Advisory Council; membership criteria. Adds to the membership of the Cannabis Equity Reinvestment Board, Board of Directors of Virginia Cannabis Control Authority, and Cannabis Public Health Advisory Council one member who is an alumni of an institution of higher education at which Hispanic students comprise at least 25 percent of the institution's full-time undergraduate enrollment.
02/15/22 House: Left in General Laws
View bill here.
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HB 898 Possession of certain naturally occurring hallucinogens or psychoactive substances; civil penalty CONTINUED TO 2023
Introduced by: Dawn M. Adams [D]
Possession of certain naturally occurring hallucinogens or psychoactive substances; civil penalty. Provides that any person 21 years of age or older who knowingly or intentionally possesses peyote, ibogaine, psilocybin, or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally to possesses such substances is guilty of a Class 5 felony.
01/24/22 House: Subcommittee recommends continuing to 2023 by voice vote
View bill here.
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HB 950 Cannabis control; retail market; penalties FAILED.
Introduced by: Michael J. Webert [R]
Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products, to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates.
02/15/22 House: Left in General Laws
View bill here.
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HB 960 Issuing citations; marijuana and certain traffic offenses; exclusion of evidence FAILED.
Introduced by: William C. Wampler III [R]
Issuing citations; marijuana and certain traffic offenses; exclusion of evidence. Removes provisions that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) with an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date; (ii) with defective and unsafe equipment; (iii) without a light illuminating a license plate; (iv) without brake lights, a high mount stop light, or headlights; or (v) without an exhaust system that prevents excessive or unusual levels of noise, and the accompanying exclusionary provisions. The bill also removes the exclusionary provisions for operating a motor vehicle (a) in violation of certain restrictions on people with a learner's permit, (b) while smoking with a minor present, (c) with certain sun-shading materials and tinting films, (d) with certain objects suspended in the vehicle, and (e) without the required use of seat belts, and for certain violations involving pedestrians crossing a highway. The bill also removes the exclusionary provision that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 1348 Writ of post-conviction relief for marijuana-related offenses FAILED.
Introduced by: Carrie E. Coyner [R]
Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated on July 1, 2022, may petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026. The bill has an expiration date of July 1, 2027.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 1356 Fentanyl; selling, giving, etc., to another person, penalties. FAILED
Introduced by: Timothy V. Anderson [R]
Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers to another person without such persons' knowledge that the substance sold, given, or distributed contains fentanyl, then he is guilty of attempted murder of the second degree. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the second degree. The bill also makes it a felony punishable by not less than five nor more than 40 years, three years of which are a mandatory minimum, and a fine not to exceed $1,000,000 for a person to transport into the Commonwealth by any means with intent to sell or distribute 100 milligrams or more of fentanyl.
02/14/22 House: Committee substitute agreed to 22106440D-H1
02/15/22 House: VOTE: Passage (64-Y 36-N)
02/16/22 Senate: Referred to Committee on the Judiciary
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
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SB 107 Marijuana tax; revenue allocations. FAILED.
Introduced by: Thomas K. Norment, Jr. [R]
Marijuana tax; revenue allocations. Reallocates revenues from the state marijuana tax so that the 30 percent currently allocated to the Cannabis Equity Reinvestment Fund would be reallocated to the general fund.
02/08/22 Senate: Passed by indefinitely in Finance and Appropriations (12-Y 4-N)
View bill here.
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SB 262 Psilocybin or psilocyn; possession, civil penalty. FAILED
Introduced by: Ghazala F. Hashmi [D] Possession of psilocybin; civil penalty. Provides that any person 21 years of age or older who knowingly or intentionally possesses psilocybin or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally to possesses psilocybin or psilocyn is guilty of a Class 5 felony.
01/31/22 Senate: Passed by indefinitely in Judiciary (8-Y 6-N 1-A)
View bill here.
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SB 591 Cannabis; shape prohibitions
Introduced by: Emmett W. Hanger, Jr.[R]
Cannabis; shape prohibitions. Requires the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations that prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit.
03/10/22 Senate: House amendment agreed to by Senate (33-Y 7-N)
03/21/22 Senate: Bill text as passed Senate and House (SB591ER)
04/11/22 Senate: Governor's recommendation received by Senate
04/27/22 Senate: Chair votes yes
04/27/22 Senate: Reconsideration of Passed by for the day agreed to (40-Y 0-N)
04/27/22 Senate: Amendments specific and severable (0-Y 40-N)
04/27/22 Senate: Rereferred to Rehabilitation and Social Services
04/28/22 Senate: Left in Rehabilitation and Social Services
View bill here.
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SB 639 Arrest and prosecution when experiencing or reporting overdoses. PASSED BE INDEFINITELY
Introduced by: Joseph D. Morrissey [D]
Arrest and prosecution when experiencing or reporting overdoses. Clarifies that the immunity afforded to the seeking of emergency help for an overdose also applies to a show cause, a probation revocation, or a parole violation.
02/09/22 Senate: Reported from Judiciary with amendments (13-Y 0-N)
02/11/22 Senate: Passed Senate (40-Y 0-N)
03/02/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
View bill here.
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SB 702 Marijuana criminal history information; disclosure to state and local governments by job applicant. CONTINUED TO 2023
Introduced by: Jennifer A. Kiggans [R]
Marijuana criminal history information; disclosure to state and local governments by job applicants. Allows the Commonwealth or a locality to require a job applicant or other applicant who is seeking a license, permit, registration, or other government service to disclose his prior criminal history for marijuana offenses. Under current law, the Commonwealth and its localities are prohibited from requiring the disclosure of such information for such purposes.
02/04/22 Senate: Rereferred from Rehabilitation and Social Services (13-Y 2-N)
02/09/22 Senate: Continued to 2023 in Judiciary (13-Y 0-N)
View bill here.
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SB 745 Parole; exception to limitation on application of parole statutes, felony marijuana convictions. FAILED.
Introduced by: Scott A. Surovell [D]
Parole; exception to the limitation on the application of parole statutes; felony marijuana convictions. Provides that a person is eligible to be considered for parole if such person was convicted of certain felony marijuana offenses when such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022.
02/07/22 Senate: Committee substitute printed 22106159D-S1
02/07/22 Senate: Rereferred to Finance and Appropriations
02/07/22 Senate: Incorporates SB518 (Lucas)
02/10/22 Senate: Reported from Finance and Appropriations with amendment (12-Y 4-N)
02/15/22 Senate: Passed Senate (22-Y 18-N)
02/22/22 House: Referred to Committee for Courts of Justice
02/28/22 House: Subcommittee recommends reporting with substitute (7-Y 1-N)
02/28/22 House: Subcommittee recommends referring to Committee on Appropriations
03/02/22 House: Referred to Committee on Appropriations
03/02/22 House: Committee substitute printed 22107177D-H1
03/04/22 House: Tabled in Appropriations (12-Y 10-N)
03/07/22 House: Reconsidered by Appropriations
03/07/22 House: Failed to report (defeated) in Appropriations (10-Y 12-N)
View bill here.
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