SB 2 is sponsored by Joseph D. Morrissey, Jennifer B. Boysko, L. Louise Lucas, William M. Stanley, Jr., Adam P. Ebbin, Kory, Kaye, Lewis, Lynwood W., Jr., Dunnavant, Siobhan S., and Norment, Thomas K., Jr..

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Virginia 2020 Regular Session Status: Enacted

SB 2 — Marijuana; definitions, possession and consumption, civil penalties, report.

Last action May 21, 2020 — Approved by Governor-Chapter 1286 (effective 7/1/20)

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Introduced
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In Committee
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Passed Senate
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Passed House of Delegates
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To Executive
6
Enacted

This bill has been enacted into law. Introduced November 18, 2019. Enacted.

Prognosis

Likely to advance 64% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
9 sponsors

1 primary, 8 co-sponsors signed on.
Mixed recorded votes

16 passed, 4 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 may 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. 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 and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. 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. This bill incorporates SB 815 and is identical to HB 972.

Bill Text

Acts of Assembly Chapter text (CHAP1286) View text Current html May 21, 2020
Enrolled Reenrolled bill text (SB2ER2) html April 22, 2020
Bill text as passed Senate and House (SB2ER) View text html March 18, 2020
SB2S3 View text html March 07, 2020
Impact statement from DPB (SB2S2) View text html March 05, 2020
Impact statement from DPB (SB2H2) View text html February 21, 2020

Action History

May 21, 2020
Approved by Governor-Chapter 1286 (effective 7/1/20)
April 29, 2020
Governor's Action Deadline 11:59 p.m., May 22, 2020
April 29, 2020
Reenrolled Bill Communicated to Governor on April 29, 2020
April 22, 2020
Signed by Speaker as reenrolled
April 22, 2020
Signed by President as reenrolled
April 22, 2020
Reenrolled bill text (SB2ER2)
April 22, 2020
Reenrolled
April 22, 2020
Governor's recommendation adopted in-part
April 22, 2020
VOTE: (56-Y 37-N)
April 22, 2020
House concurred in Governor's recommendation #'s 1-5 and 7-16 (56-Y 37-N)
April 22, 2020
Passed by temporarily
April 22, 2020
Senate rejected Governor's recommendation #17 (5-Y 35-N)
April 22, 2020
Senate rejected Governor's recommendation #6 (6-Y 34-N)
April 22, 2020
Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N)
April 11, 2020
Governor's recommendation received by Senate
March 20, 2020
Governor's Action Deadline 11:59 p.m., April 11, 2020
March 20, 2020
Enrolled Bill Communicated to Governor on March 20, 2020
March 20, 2020
Impact statement from DPB (SB2ER)
March 19, 2020
Signed by Speaker
March 18, 2020
Signed by President
March 18, 2020
Enrolled
March 08, 2020
VOTE: Adoption (57-Y 33-N)
March 08, 2020
Conference report agreed to by House (57-Y 33-N)
March 08, 2020
Conference report agreed to by Senate (27-Y 12-N)
March 07, 2020
Second Conference substitute printed 20109965D-S3
March 07, 2020
Second conferees appointed by Senate
March 07, 2020
Second conferees appointed by House
March 07, 2020
House acceded to request for second conference committee
March 07, 2020
Senate requested second conference committee (26-Y 14-N)
March 07, 2020
Conference report rejected by Senate (2-Y 38-N)
March 06, 2020
Impact statement from DPB (SB2S2)
March 05, 2020
VOTE: Adoption #2 (61-Y 37-N)
March 05, 2020
Conference report agreed to by House (61-Y 37-N)
March 05, 2020
Reconsideration of conference report agreed to by House
March 05, 2020
VOTE: Adoption (58-Y 38-N)
March 05, 2020
Conference report agreed to by House (58-Y 38-N)
March 05, 2020
First Conference substitute printed 20109521D-S2
March 05, 2020
Amended by conference committee
February 27, 2020
Conferees appointed by House
February 27, 2020
Conferees appointed by Senate
February 26, 2020
Senate acceded to request (40-Y 0-N)
February 26, 2020
House requested conference committee
February 26, 2020
House insisted on substitute
February 26, 2020
House substitute rejected by Senate (1-Y 38-N)
February 26, 2020
VOTE: Passage (63-Y 35-N)
February 26, 2020
Passed House with substitute (63-Y 35-N)
February 26, 2020
Engrossed by House - committee substitute SB2H2
February 26, 2020
Committee on Appropriations substitute agreed to 20108848D-H2
February 26, 2020
Committee on Courts of Justice substitute rejected 20108640D-H1
February 26, 2020
Passed by temporarily
February 26, 2020
Read third time
February 25, 2020
Impact statement from DPB (SB2H2)
February 25, 2020
Read second time
February 21, 2020
Committee substitute printed 20108848D-H2
February 21, 2020
Reported from Appropriations with substitute (16-Y 6-N)
February 21, 2020
House committee, floor amendments and substitutes offered
February 19, 2020
Referred to Committee on Appropriations
February 19, 2020
Committee substitute printed 20108640D-H1
February 19, 2020
Reported from Courts of Justice with substitute (12-Y 8-N)
February 19, 2020
House committee, floor amendments and substitutes offered
February 14, 2020
Impact statement from DPB (SB2ES1)
February 14, 2020
Referred to Committee for Courts of Justice
February 14, 2020
Read first time
February 14, 2020
Placed on Calendar
February 11, 2020
Passed Senate (27-Y 13-N)
February 11, 2020
Constitutional reading dispensed (40-Y 0-N)
February 11, 2020
Printed as engrossed 20106511D-ES1
February 11, 2020
Engrossed by Senate - committee substitute with amendment SB2ES1
February 11, 2020
Amendment by Senator Ebbin agreed to
February 11, 2020
Reading of amendment waived
February 11, 2020
Amendment by Senator Surovell rejected
February 11, 2020
Reading of amendment waived
February 11, 2020
Committee substitute agreed to 20106511D-S1
February 11, 2020
Reading of substitute waived
February 11, 2020
Read second time
February 10, 2020
Constitutional reading dispensed (36-Y 0-N)
February 06, 2020
Reported from Finance and Appropriations (12-Y 3-N)
January 29, 2020
Rereferred to Finance and Appropriations
January 29, 2020
Committee substitute printed 20106511D-S1
January 29, 2020
Incorporates SB815 (Morrissey)
January 29, 2020
Reported from Judiciary with substitute (10-Y 3-N)
January 28, 2020
Impact statement from DPB (SB2)
January 16, 2020
Assigned Judiciary sub: Criminal Law
January 08, 2020
Moved from Courts of Justice to Judiciary due to a change of the committee name
November 18, 2019
Referred to Committee on the Judiciary
November 18, 2019
Prefiled and ordered printed; offered 01/08/20 20100705D

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 139 not signed on · 69 voted No

Sponsors (1)

Adam P. Ebbin

Co-sponsors (8)

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: (56-Y 37-N)

April 22, 2020

Passed 55 Yea · 37 Nay · 7 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	55	37	0	7
Total	55	37	0	7
% of votes cast	56%	37%	0%	7%

How each member voted (99)

Member	Party	Vote
Brewer, Emily M.	—	Yea
Collins, Christopher E.	—	Yea
Lindsey, Joseph C.	—	Yea
Adams, Dawn M.	—	Yea
Adams, Les R.	—	Yea
Aird, Lashrecse D.	—	Yea
Alfonso H. Lopez	—	Yea
Askew, Alex Q.	—	Yea
Avoli, G. "John"	—	Nay
Ayala, Hala S.	—	Yea
Batten, Amanda E.	—	Nay
Bell, Robert B.	—	Nay
Betsy B. Carr	—	Not Voting
Bourne, Jeffrey M.	—	Yea
Bulova, David L.	—	Yea
Byron, Kathy J.	—	Nay
C.E. Cliff Hayes, Jr.	—	Yea
Campbell, Jeffrey L.	—	Nay
Campbell, Ronnie R.	—	Nay
Carroll Foy, Jennifer D.	—	Yea
Carter, Lee J.	—	Yea
Charniele L. Herring	—	Yea
Chris S. Runion	—	Nay
Christopher T. Head	—	Nay
Cole, Mark L.	—	Nay
Convirs-Fowler, Kelly K.	—	Not Voting
Cox, M. Kirkland	—	Nay
Coyner, Carrie E.	—	Nay
Dan I. Helmer	—	Yea
Danica A. Roem	—	Yea
David A. Reid	—	Yea
Davis, Glenn R.	—	Yea
Delores L. McQuinn	—	Not Voting
Don Scott	—	Yea
Edmunds, James E., II	—	Not Voting
Fariss, C. Matthew	—	Nay
Fowler, Hyland F."Buddy," Jr.	—	Nay
Freitas, Nicholas J.	—	Yea
Gilbert, C. Todd	—	Nay
Gooditis, Wendy W.	—	Yea
Guy, Nancy D.	—	Not Voting
Guzman, Elizabeth R.	—	Yea
Heretick, Steve E.	—	Yea
Hudson, Sally L.	—	Yea
Hurst, Chris L.	—	Yea
Israel D. O'Quinn	—	Nay
James A. "Jay" Leftwich	—	Nay
James W. Morefield	—	Nay
Jeion A. Ward	—	Not Voting
Jenkins, Clinton L.	—	Yea
Jones, Jerrauld C. "Jay"	—	Yea
Joseph P. McNamara	—	Nay
Joshua G. Cole	—	Yea
Karrie K. Delaney	—	Yea
Kathy K.L. Tran	—	Yea
Keam, Mark L.	—	Yea
Knight, Barry D.	—	Nay
Kory, Kaye	—	Not Voting
LaRock, Dave A.	—	Nay
Lamont Bagby	—	Yea
Levine, Mark H.	—	Yea
Luke E. Torian	—	Yea
M. Keith Hodges	—	Nay
Marcia S. "Cia" Price	—	Yea
Marcus B. Simon	—	Yea
Marshall, Daniel W., III	—	Yea
McGuire, John J., III	—	Nay
Michael J. Webert	—	Yea
Miyares, Jason S.	—	Nay
Mugler, Martha M.	—	Yea
Mullin, Michael P.	—	Yea
Murphy, Kathleen	—	Yea
Orrock, Robert D., Sr.	—	Nay
Patrick A. Hope	—	Yea
Paul E. Krizek	—	Yea
Plum, Kenneth R.	—	Yea
Poindexter, Charles D.	—	Nay
R. Lee Ware	—	Nay
Ransone, Margaret B.	—	Nay
Richard C. "Rip" Sullivan, Jr.	—	Yea
Robert S. Bloxom, Jr.	—	Nay
Robinson, Roxann L.	—	Nay
Rodney T. Willett	—	Yea
Rush, Nick	—	Nay
Sam Rasoul	—	Yea
Samirah, Ibraheem S.	—	Yea
Schuyler T. VanValkenburg	—	Yea
Scott A. Wyatt	—	Nay
Shelly A. Simonds	—	Yea
Sickles, Mark D.	—	Yea
Subramanyam, Suhas	—	Yea
Terry G. Kilgore	—	Nay
Terry L. Austin	—	Nay
Thomas C. Wright, Jr.	—	Nay
Tony O. Wilt	—	Nay
Tyler, Roslyn C.	—	Yea
Vivian E. Watts	—	Yea
Wampler, William C., III	—	Nay
Wendell S. Walker	—	Nay

Member	Party	Vote
Chafin, A. Benton "Ben"	—	Nay
McClellan, Jennifer L.	—	Nay
Morrissey, Joseph D.	—	Nay
Spruill, Lionell, Sr.	—	Nay
Barbara A. Favola	—	Nay
Barker, George L.	—	Nay
Bell, John J.	—	Yea
Bill DeSteph	—	Nay
Bryce E. Reeves	—	Nay
Chase, Amanda F.	—	Nay
Cosgrove, John A., Jr.	—	Nay
David R. Suetterlein	—	Nay
David W. Marsden	—	Nay
Dunnavant, Siobhan S.	—	Nay
Ebbin, Adam P.	—	Yea
Edwards, John S.	—	Yea
Hanger, Emmett W., Jr.	—	Nay
Hashmi, Ghazala F.	—	Nay
Howell, Janet D.	—	Nay
Jennifer B. Boysko	—	Nay
Jeremy S. McPike	—	Nay
Kiggans, Jennifer A.	—	Nay
L. Louise Lucas	—	Nay
Lewis, Lynwood W., Jr.	—	Nay
Mamie E. Locke	—	Nay
Mark D. Obenshain	—	Nay
Mark J. Peake	—	Nay
Mason, T. Montgomery "Monty"	—	Nay
Newman, Stephen D.	—	Nay
Norment, Thomas K., Jr.	—	Nay
Petersen, J. Chapman	—	Yea
R. Creigh Deeds	—	Yea
Richard H. Stuart	—	Nay
Ruff, Frank M., Jr.	—	Nay
Ryan T. McDougle	—	Nay
Saslaw, Richard L.	—	Nay
Scott A. Surovell	—	Nay
Todd E. Pillion	—	Nay
Vogel, Jill Holtzman	—	Nay
William M. Stanley, Jr.	—	Nay