HB 972 — Marijuana; definitions, possession and consumption, civil penalties, report.
Last action — Approved by Governor-Chapter 1285 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Mixed recorded votes
15 passed, 4 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
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 HB 265, HB 301, and HB 481 and is identical to SB 2.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
In the latest version of Bill HB 972, a new section has been added while another section has been removed. This change could indicate an adjustment in policy or focus within the bill. It’s important because it may impact how the law is applied or understood, potentially affecting those it aims to serve or regulate. Keeping track of these updates helps the public understand the evolving priorities of lawmakers.
74.220.50.21674.220.50.48
View plain text versions (6)
- Acts of Assembly Chapter text (CHAP1285) View text Current html May 21, 2020
- Enrolled Reenrolled bill text (HB972ER2) html April 22, 2020
- Bill text as passed House and Senate (HB972ER) View text html March 18, 2020
- HB972H3 View text html March 08, 2020
- HB972H2 View text html March 05, 2020
- Committee Substitute Engrossed by Senate - committee substitute HB972S2 html February 25, 2020
Action History
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Approved by Governor-Chapter 1285 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., May 22, 2020
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Reenrolled Bill communicated to Governor on April 29, 2020
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB972ER2)
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Reenrolled
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Governor's recommendation adopted in-part
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Senate concurred in Governor's recommendations #1-5 #7-16 (26-Y 14-N)
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Senate rejected Governor's recommendation #17 (5-Y 35-N)
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VOTE: Agree to (1-Y 90-N)
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House rejected Governor's recommendation #6 (1-Y 90-N)
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VOTE: Agree to (58-Y 35-N)
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House concurred in Governor's recommendation #'s 1-5 and 7-17 (58-Y 35-N)
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Passed by temporarily
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Reconsideration of Governor's recommendation agreed to
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VOTE: (59-Y 34-N)
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House concurred in Governor's recommendation (59-Y 34-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 20, 2020
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Impact statement from DPB (HB972ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Conference report agreed to by Senate (27-Y 12-N)
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VOTE: Adoption (56-Y 36-N)
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Conference report agreed to by House (56-Y 36-N)
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Second Conference substitute printed 20109945D-H3
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Second conferees appointed by House
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Second conferees appointed by Senate
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Senate acceded to request for second conference committee (27-Y 12-N)
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Senate requested second conference committee (27-Y 13-N)
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Conference report rejected by Senate (2-Y 38-N)
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House requested second conference committee
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VOTE: Adoption (57-Y 39-N)
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Conference report agreed to by House (57-Y 39-N)
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First Conference substitute printed 20109632D-H2
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Amended by conference committee
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Impact statement from DPB (HB972S2)
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Conferees appointed by Senate
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Conferees appointed by House
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House acceded to request
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Senate requested conference committee
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Senate insisted on substitute (40-Y 0-N)
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VOTE: REJECTED (0-Y 93-N)
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Senate substitute rejected by House 20108924D-S2 (0-Y 93-N)
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Passed Senate with substitute (27-Y 13-N)
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Engrossed by Senate - committee substitute HB972S2
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Passed by temporarily
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Committee substitute agreed to 20108924D-S2
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Reading of substitute waived
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Committee substitute rejected 20108635D-S1
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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Committee substitute printed 20108924D-S2
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Impact statement from DPB (HB972S1)
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Reported from Finance and Appropriations with substitute (14-Y 2-N)
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Committee substitute printed 20108635D-S1
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Rereferred to Finance and Appropriations
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Reported from Judiciary with substitute (10-Y 4-N)
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Impact statement from DPB (HB972H1)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Passage (64-Y 34-N)
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Read third time and passed House (64-Y 34-N)
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Engrossed by House - committee substitute HB972H1
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Committee substitute agreed to 20107729D-H1
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Read second time
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Read first time
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Reported from Courts of Justice with substitute (13-Y 8-N)
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Incorporates HB301 (Levine)
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Incorporates HB481 (Kory)
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Incorporates HB265 (Heretick)
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Committee substitute printed 20107729D-H1
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House committee, floor amendments and substitutes offered
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Impact statement from DPB (HB972)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/08/20 20103384D
Sponsors
- Charniele L. Herring · Primary
- Dan I. Helmer · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- Kaye Kory · Cosponsor
- Steve E. Heretick · Cosponsor
- Mark H. Levine · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on · 126 voted No
Sponsors (1)
- Charniele L. Herring Voted No
Co-sponsors (5)
- Dan I. Helmer Voted No
- Elizabeth R. Guzman
- Kory, Kaye Voted No
- Heretick, Steve E. Voted No
- Levine, Mark H. Voted No
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 35 | 0 | 7 |
| Total | 57 | 35 | 0 | 7 |
| % of votes cast | 58% | 35% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 89 | 0 | 9 |
| Total | 1 | 89 | 0 | 9 |
| % of votes cast | 1% | 90% | 0% | 9% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 34 | 0 | 7 |
| Total | 58 | 34 | 0 | 7 |
| % of votes cast | 59% | 34% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 14 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 35 | 0 | 0 |
| Total | 5 | 35 | 0 | 0 |
| % of votes cast | 13% | 88% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 1 |
| Total | 27 | 12 | 0 | 1 |
| % of votes cast | 68% | 30% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 36 | 0 | 8 |
| Total | 55 | 36 | 0 | 8 |
| % of votes cast | 56% | 36% | 0% | 8% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 1 |
| Total | 27 | 12 | 0 | 1 |
| % of votes cast | 68% | 30% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 38 | 0 | 0 |
| Total | 2 | 38 | 0 | 0 |
| % of votes cast | 5% | 95% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 39 | 0 | 4 |
| Total | 56 | 39 | 0 | 4 |
| % of votes cast | 57% | 39% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 92 | 0 | 7 |
| Total | 0 | 92 | 0 | 7 |
| % of votes cast | 0% | 93% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 2 | 0 | 0 |
| Total | 14 | 2 | 0 | 0 |
| % of votes cast | 88% | 13% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 4 | 0 | 0 |
| Total | 10 | 4 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 63 | 34 | 0 | 2 |
| Total | 63 | 34 | 0 | 2 |
| % of votes cast | 64% | 34% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 8 | 0 | 1 |
| Total | 13 | 8 | 0 | 1 |
| % of votes cast | 59% | 36% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Nay |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Not Voting |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 972 do?
- 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 HB 265, HB 301, and HB 481 and is identical to SB 2.
- Who sponsors HB 972?
- HB 972 is sponsored by Charniele L. Herring, Dan I. Helmer, Elizabeth R. Guzman, Kory, Kaye, Heretick, Steve E., and Levine, Mark H..
- What is the current status of HB 972?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 972?
- Track HB 972 free on One Click Politics — get push/email alerts when it moves.
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