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2023 - Marijuana Bills

PASSED

HB 2294 Industrial hemp; regulated hemp products, etc. PASSED 
Introduced by: Terry G. Kilgore [R]
Marijuana; tetrahydrocannabinol; hemp products; civil penalty. Modifies the definition of "marijuana" in drug laws, the Cannabis Control Act, and the Drug Control Act to (i) include any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than one milligram of tetrahydrocannabinol per 100 grams of total product weight and (ii) exclude certain hemp products. The bill defines "tetrahydrocannabinol" to include any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers, and removes references in the Code to delta-9 tetrahydrocannabinol. The bill directs the Board of Agriculture and Consumer Services to adopt regulations that require hemp products not intended for human consumption, orally or by inhalation, to include a bittering agent that renders the products unpalatable. The bill creates a $5,000 civil penalty for persons that willfully commit a second or subsequent violation of certain provisions of the Virginia Consumer Protection Act related to products containing tetrahydrocannabinol.

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02/01/23  House: Failed to report refer to Appropriations (defeated) in Courts of Justice (9-Y 11-N)
02/03/23  House: Reconsidered by Courts of Justice
02/15/23  Senate: Passed Senate with substitute (23-Y 17-N)

02/17/23  House: Senate substitute rejected by House 23106591D-S1 (31-Y 66-N 1-A)

02/17/23  House: VOTE: REJECTED (31-Y 66-N 1-A)
02/20/23  Senate: Senate insisted on substitute (40-Y 0-N)
02/20/23  Senate: Senate requested conference committee
02/21/23  House: House acceded to request
02/21/23  House: Conferees appointed by House
02/21/23  House: Delegates: Kilgore, Leftwich, Herring
02/22/23  Senate: Conferees appointed by Senate
02/22/23  Senate: Senators: Hanger, Favola, Ebbin
02/24/23  House: Conference report agreed to by House (85-Y 9-N)
02/24/23  Senate: Conference report agreed to by Senate (23-Y 17-N)

02/24/23  House: VOTE: Adoption (85-Y 9-N)
02/24/23  Senate: Conference report agreed to by Senate (23-Y 17-N)

03/27/23  House: Governor's recommendation received by House

04/12/23  Senate: Senate concurred in Governor's recommendation (31-Y 9-N)
04/12/23  Governor: Governor's recommendation adopted
04/12/23  House: Enacted, Chapter 794 (effective - see bill)
04/12/23  Governor: Acts of Assembly Chapter text (CHAP0794)

FAILED BILLS

HB 1380 Issuing citations; certain traffic offenses.  FAILED.

Introduced by: Ronnie R. Campbell (deceased) [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.

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01/23/23  House: Reported from Courts of Justice with substitute (10-Y 9-N)

01/27/23  House: Read third time and passed House (53-Y 45-N)
01/27/23  House: VOTE: Passage (53-Y 45-N)

01/30/23  Senate: Referred to Committee on the Judiciary

02/13/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

HB 2384 Marijuana; search and seizure, driving or operating a motor vehicle, etc., while intoxicated.  FAILED.
Introduced by: Les R. Adams [R]
Marijuana; search and seizure; driving or operating a motor vehicle, etc., while intoxicated; marijuana presumption; saliva drug screening. Removes certain offenses, described in the bill, from the prohibition of searches without a search warrant for the odor of marijuana and establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.003 milligrams of delta-9-tetrahydrocannabinol per liter of blood. The bill establishes a process for preliminary analysis of a person's saliva to screen for the presence of drugs in the saliva, similar to the process utilized for a person's blood alcohol content.

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01/16/23  House: Referred to Committee for Courts of Justice
01/21/23  House: Assigned Courts sub: Subcommittee #1

01/23/23  House: Subcommittee recommends reporting (4-Y 3-N)

01/27/23  House: Reported from Courts of Justice (11-Y 9-N)
01/27/23  House: Referred to Committee on Appropriations

01/30/23  House: Subcommittee recommends reporting (5-Y 3-N)
01/30/23  House: Reported from Appropriations (12-Y 10-N)
02/01/23  House: Read first time
02/02/23  House: Read second time and engrossed
02/03/23  House: Read third time and passed House (49-Y 48-N 1-A)
02/03/23  House: VOTE: Passage (49-Y 48-N 1-A)

02/06/23  Senate: Referred to Committee on the Judiciary

02/13/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

SB 702 Marijuana; criminal history information, disclosure to state & local governments by job applicants.
Introduced by: Jen Kiggans [R]- to resign 12/31 FAILED.
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.

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01/21/22  Senate: Referred to Committee on Rehabilitation and Social Services
02/04/22  Senate: Rereferred from Rehabilitation and Social Services (13-Y 2-N)
02/04/22  Senate: Rereferred to Judiciary
02/09/22  Senate: Continued to 2023 in Judiciary (13-Y 0-N)
11/21/22  Senate: Left in Judiciary

SB 1523 Marijuana related offenses; modification of sentence. FAILED.
Introduced by: L. Louise Lucas [D]
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, 2022, who remain incarcerated or on community supervision on July 1, 2023, may receive an automatic hearing to consider modification of such person's sentence. The bill also allows persons convicted of any felony offense committed prior to July 1, 2022, who remain incarcerated or on community supervision on July 1, 2023, and whose sentence may have been enhanced because of a previous felony marijuana offense or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement, to petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2025. The provisions of this bill sunset on July 1, 2026.

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01/20/23  Senate: Referred to Committee on the Judiciary
02/01/23  Senate: Reported from Judiciary (9-Y 4-N)
02/07/23  Senate: Read third time and passed Senate (24-Y 16-N)
02/10/23  House: Referred to Committee for Courts of Justice

02/16/23  House: Assigned Courts sub: Subcommittee #1

02/17/23  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

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