Marijuana-related legislation in the 2024 Virginia General Assembly Session

 

How to use this tracker:

   

This page will assist you in tracking, understanding, and taking action on cannabis-related bills moving through the 2024 Virginia General Assembly.

Click the bill title for the complete text and additional information on LIS.

The date of last action on the bill follows the summary. We usually update this at night and try to include what the next anticipated action will be.

When a bill is docketed, the hearing information will follow the last action.

Questions? Contact Virginia NORML at [email protected] or join us Fridays at 4PM (session permitting) for Live with NORML, now streaming on Facebook, InstagramTwitter, LinkedIn, and YouTube.

   

What the motions on bills mean:

  

Lay the bill on the table Suspends debate of the bill. It can be recalled from the table later, but this rarely happens.
Pass the bill by indefinitely Ends debate of the bill. The bill has been killed and is dead for the session.
Report the bill Sends the bill to the House or Senate for a floor vote.
Refer or Rerefer Sends the bill to a Committee or Subcommittee.

 

Final outcomes for bills:

  

9  SUCCEEDED  Bill passed both chambers by vote and has been sent to the Governor for action  
3  SIGNED  Bill has been signed by the Governor and will become law  
2  INCORPORATED  Bill was incorporated into other similar and preferential bill  
1  CONTINUED  Bill will be taken up in the same Committee in the following year, but is done for this session  
0  DEFEATED  Bill was defeated by vote and will not pass this session  
1  FAILED TO PASS  Bill was not heard by the House or Senate or otherwise failed to advance  
2  LEFT IN COMMITTEE  Bill was not heard by the Committee or otherwise failed to advance  
5  VETOED  Governor has vetoed the bill  
0 IN CONFERENCE  Bill is in a committee of Senate and House members to reconcile a final version for approval  
0 AMENDMENTS  Governor has proposed amendments to be considered by the General Assembly on 4/12/23  
0 WITHDRAWN/STRICKEN  Bill patron withdrew the bill  

 

    


Adult-use

   

VETOED: HB 698 Cannabis control; retail market; penalties.

Chief patron: Del Paul Krizek (D)

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing all marijuana licenses on July 1, 2025; however, the bill allows certain pharmaceutical processors to begin operations on July 1, 2024, and allows a limited number of other licensees to begin operations on January 1, 2025.

04/17/24  House: House sustained Governor's veto

    

INCORPORATED: SB 423 Cannabis control; retail market; penalties.

Chief patron: Sen Adam Ebbin (D)

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing all marijuana licenses on July 1, 2025; however, the bill allows certain pharmaceutical processors to begin operations on July 1, 2024, and allows a limited number of other licensees to begin operations on January 1, 2025.

01/26/24 Senate: Incorporated by Rehabilitation and Social Services (SB448-Rouse) (12-Y 0-N)

 

VETOED: SB 448 Cannabis control; retail market; penalties.

Chief patron: Sen Aaron Rouse (D)

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025.

 

 


Criminalization

 

LEFT IN COMMITTEE: HB 448 Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty.

Chief patron: Del Chris Obenshain (R)

Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. Establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.004 milligrams of delta-9-tetrahydrocannabinol per liter of blood.

02/13/24 House: Left in Courts of Justice

 

LEFT IN COMMITTEE: HB 1102 Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty.

Chief patron: Del Wendell Walker (R)

Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. 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.

02/13/24 House: Left in Courts of Justice  

 


Employment

 

SIGNED: HB 149 Employee protections; medicinal use of cannabis oil.

Chief patron: Del Dan Helmer (D)

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and that such protections extend to the employees of the Commonwealth and other public bodies.

04/08/24  Governor: Approved by Governor-Chapter 632 (effective 7/1/24)

 

SIGNED: SB 391 Employee protections; medicinal use of cannabis oil.

Chief patron: Sen Stella Pekarsky (D)

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.

04/08/24  Governor: Approved by Governor-Chapter 674 (effective 7/1/24)

 

INCORPORATED: SB 529 Employee protections; medicinal use of cannabis oil.

Chief patron: Sen Emily Jordan (R)

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.

01/19/24 Senate: Incorporated by Rehabilitation and Social Services (SB391-Pekarsky) (11-Y 0-N)

 


Medical

 

SIGNED: HB 815 Medical cannabis program; product expiration; confidentiality; penalty.

Chief patron: Del Mike Cherry (R)

Medical cannabis program; product expiration; confidentiality; penalty. Increases from six months to 12 months the maximum expiration date allowable for a cannabis product after registration absent stability testing. The bill allows pharmaceutical processors to employ as pharmacy technician trainees individuals who have less than one year of experience and allows pharmaceutical processors to employ persons with less than one year of experience to perform certain other supervised duties for which current law requires two years of experience. The bill also provides for the confidentiality of certain records and other information of the Board of Directors of the Virginia Cannabis Control Authority, including the exemption of certain information from the mandatory disclosure provisions of the Virginia Freedom of Information Act.

04/08/24  Governor: Approved by Governor-Chapter 732 (effective 7/1/24)

 


Parental Rights

 

VETOED: HB 833 Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.

Chief patron: Del Rae Cousins (D)

Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.

04/17/24  House: House sustained Governor's veto

 

VETOED: SB 115 Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.

Chief patron: Sen Louise Lucas (D)

Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.

04/17/24  Senate: Passed by for the day

 


Sentencing

 

FAILED: HB 179 Imprisonment; consecutive terms.

Chief patron: Del Debra Gardner (D)

Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.

02/13/24 House: Failed to pass in House

 

VETOED: SB 696 Marijuana related offenses; modification of sentence.

Chief patron: Sen Angelia Williams Graves (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, 2021, who remain incarcerated or on community supervision on July 1, 2024, 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, 2021, who remain incarcerated or on community supervision on July 1, 2024, 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, 2026. The provisions of this bill sunset on July 1, 2027.

 


Resolutions

 

CONTINUED: HJ 63 Study; Virginia Cannabis Control Authority; creation of a retail cannabis market; report.

Chief patron: Del Terry Kilgore (R)

Study; Virginia Cannabis Control Authority; creation of a retail cannabis market; report. Requests the Virginia Cannabis Control Authority to study the creation of a retail cannabis market in the Commonwealth and draft regulations governing the indoor cultivation, processing, manufacturing, testing, packaging, labeling, distribution, sale, and delivery of cannabis. The resolution requires that such regulations include (i) appropriate application and license fees; (ii) reasonable restrictions on cannabis advertising; (iii) restrictions on product size and potency; (iv) transaction limits; (v) comprehensive enforcement mechanisms; (vi) provisions regarding tax collection and revenue allocation; (vii) provisions regarding participation in the retail marijuana market by persons in socioeconomically disadvantaged communities; and (viii) any other restrictions or requirements necessary to protect public health and safety, prevent diversion, and enforce regulated sales. The resolution requires the Authority to include certain persons in its study and to submit its executive summaries and reports to the General Assembly by the first day of the 2026 Session of the General Assembly.

01/29/24 House: Subcommittee recommends continuing to 2025 by voice vote

 

SUCCEEDED: SJ 32 Governor; confirming appointments.

Chief patron: Sen Aaron Rouse (D)

Confirming Governor's appointments; August 1. Confirms appointments of certain persons made by Governor Glenn Youngkin and communicated to the General Assembly August 1, 2023. Board of Directors of the Virginia Cannabis Control Authority: Anthony D. Williams of Virginia Beach, Virginia, Member, appointed July 1, 2023, for a term of five years beginning July 1, 2023, and ending June 30, 2028, to succeed Rasheeda Creighton.

02/08/24 House: VOTE: Adoption (95-Y 0-N 1-A)