HB1432 — Marijuana or marijuana products; underage possession, consequences, procedures.

Summary

Marijuana or marijuana products; underage possession, consequences, procedures.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 4.1-305.

• 4.1-305

  Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.

  Strikes “Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.”.

• 4.1-305

  this section

  Strikes “this section”.

• 4.1-305

  subsection B

  Inserts “subsection B”.

• 4.1-305

  When any adult who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.

  Strikes “When any adult who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.”.

• 4.1-305

  Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.

  Strikes “Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.”.

• 4.1-305

  When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.

  Strikes “When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.”.

• 4.1-305

  Any person found in violation of subsection A is subject to the following consequences

  Inserts “Any person found in violation of subsection A is subject to the following consequences”.

• 4.1-305

  :

  Inserts “:”.

• 4.1-305

  1. For a first violation, a written warning issued by a law-enforcement officer to the underage person. The written warning shall include the person's name, address, and date of birth and a copy of the warning containing this information.

  Inserts “1. For a first violation, a written warning issued by a law-enforcement officer to the underage person. The written warning shall include the person's name, address, and date of birth and a copy of the warning containing this information.”.

• 4.1-305

  A

  Inserts “A”.

• 4.1-305

  sworn statement that includes a description of the relevant facts and circumstances that support the officer's determination that the person committed the violation shall be temporarily maintained in accordance with this section only for the purposes of determining a second or subsequent violation subject to the consequences set forth in subdivision 2 or 3. If the violation of this section is by a juvenile, a written notification concerning the violation shall be provided to the parent, guardian

  Inserts “sworn statement that includes a description of the relevant facts and circumstances that support the officer's determination that the person committed the violation shall be temporarily maintained in accordance with this section only for the purposes of determining a second or subsequent violation subject to the consequences set forth in subdivision 2 or 3. If the violation of this section is by a juvenile, a written notification concerning the violation shall be provided to the parent, guardian”.

• 4.1-305

  ,

  Inserts “,”.

• 4.1-305

  or other person having legal custody of the juvenile;

  Inserts “or other person having legal custody of the juvenile;”.

• 4.1-305

  2. For a second violation, a written warning issued by a law-enforcement officer to the underage person indicating that a second violation has occurred, which includes the person's name, address, and date of birth. If the violation is by a person 18 years of age or older, the officer shall provide the person with informational materials

  Inserts “2. For a second violation, a written warning issued by a law-enforcement officer to the underage person indicating that a second violation has occurred, which includes the person's name, address, and date of birth. If the violation is by a person 18 years of age or older, the officer shall provide the person with informational materials”.

• 4.1-305

  regarding

  Inserts “regarding”.

• 4.1-305

  access

  Inserts “access”.

• 4.1-305

  to

  Inserts “to”.

• 4.1-305

  community services provided by public or private agencies and organizations that shall assist the person with opportunities to access further social services, including counseling, tutoring programs, mentoring services, and faith-based or other community initiatives. If the violation is by a juvenile, a written notification concerning the second violation shall be provided to the parent, guardian

  Inserts “community services provided by public or private agencies and organizations that shall assist the person with opportunities to access further social services, including counseling, tutoring programs, mentoring services, and faith-based or other community initiatives. If the violation is by a juvenile, a written notification concerning the second violation shall be provided to the parent, guardian”.

• 4.1-305

  ,

  Inserts “,”.

• 4.1-305

  or other person having legal custody of the juvenile. The written notification shall include the same or similar informational materials

  Inserts “or other person having legal custody of the juvenile. The written notification shall include the same or similar informational materials”.

• 4.1-305

  regarding

  Inserts “regarding”.

• 4.1-305

  access

  Inserts “access”.

• 4.1-305

  to

  Inserts “to”.

• 4.1-305

  community services provided by public or private agencies and organizations as those provided to a person 18 years of age or older who commits a second violation pursuant to this

  Inserts “community services provided by public or private agencies and organizations as those provided to a person 18 years of age or older who commits a second violation pursuant to this”.

• 4.1-305

  subdivision

  Inserts “subdivision”.

• 4.1-305

  . A copy of the second written warning to the underage person, and, if applicable, the written notification to the parent, guardian

  Inserts “. A copy of the second written warning to the underage person, and, if applicable, the written notification to the parent, guardian”.

• 4.1-305

  ,

  Inserts “,”.

• 4.1-305

  or other person having legal custody of the juvenile concerning the second warning and a sworn statement that includes a description of the relevant facts and circumstances that support the officer's determination that the person committed the second violation

  Inserts “or other person having legal custody of the juvenile concerning the second warning and a sworn statement that includes a description of the relevant facts and circumstances that support the officer's determination that the person committed the second violation”.

• 4.1-305

  s

  Inserts “s”.

• 4.1-305

  hall be temporarily maintained in accordance with this section only for the purposes of determining a subsequent violation subject to the consequences set forth in subdivision 3; and

  Inserts “hall be temporarily maintained in accordance with this section only for the purposes of determining a subsequent violation subject to the consequences set forth in subdivision 3; and”.

• 4.1-305

  3. For a third or subsequent violation, a write-up issued by a law-enforcement officer to the underage person indicating that a third or subsequent violation has occurred, which includes the person's name, address, and date of birth. If the violation is by a person 18 years of age or older, the officer shall include with the write-up

  Inserts “3. For a third or subsequent violation, a write-up issued by a law-enforcement officer to the underage person indicating that a third or subsequent violation has occurred, which includes the person's name, address, and date of birth. If the violation is by a person 18 years of age or older, the officer shall include with the write-up”.

• 4.1-305

  (i)

  Inserts “(i)”.

• 4.1-305

  a referral for accessing community services provided by a public or private agency or organization and

  Inserts “a referral for accessing community services provided by a public or private agency or organization and”.

• 4.1-305

  (ii)

  Inserts “(ii)”.

• 4.1-305

  provide notice to that agency or organization of the referral

  Inserts “provide notice to that agency or organization of the referral”.

• 4.1-305

  that

  Inserts “that”.

• 4.1-305

  may also be used to initiate contact with the person.

  Inserts “may also be used to initiate contact with the person.”.

• 4.1-305

  T

  Inserts “T”.

• 4.1-305

  he agency or organization shall offer assistance to the person

  Inserts “he agency or organization shall offer assistance to the person”.

• 4.1-305

  by providing

  Inserts “by providing”.

Action History

1. February 17, 2026

   H Continued pursuant to House Rule 22 to 2027 in Courts of Justice

2. February 17, 2026

   H Rereferred to Courts of Justice

3. February 17, 2026

   H Motion to rerefer to Courts of Justice agreed to

4. February 16, 2026

   H Engrossed by House - floor substitute

5. February 16, 2026

   H Delegate Mehta Floor substitute agreed to

6. February 16, 2026

   H committee substitute rejected

7. February 16, 2026

   H Read second time

8. February 16, 2026

   H Floor substitute printed 26108054D-H2 (Mehta)

9. February 13, 2026

   H Read first time

10. February 11, 2026

    H Committee substitute printed 26107614D-H1

11. February 11, 2026

    H Reported from Courts of Justice with substitute (13-Y 9-N)

12. February 10, 2026

    H Placed on Courts of Justice Agenda

13. February 09, 2026

    H Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N)

14. February 09, 2026

    H House subcommittee offered

15. February 07, 2026

    H Placed on Courts of Justice Agenda

16. February 07, 2026

    H Assigned HCJ sub: Criminal

17. February 03, 2026

    H Referred to Committee for Courts of Justice

18. February 03, 2026

    H Referred from General Laws and referred to Courts of Justice (Voice Vote)

19. February 03, 2026

    H Placed on General Laws Agenda

20. January 22, 2026

    H Referred to Committee on General Laws

21. January 22, 2026

    H Presented and ordered printed 26103239D

Sponsors

• Leslie Chambers Mehta · Primary

Votes

Subjects