House Bill 2555, introduced by Delegate Rozia Henson, would allow sentence modifications for individuals convicted of marijuana-related offenses in Virginia prior to the state’s legalization of marijuana.
The proposed legislation would establish a legal process for reviewing and potentially modifying sentences for individuals who remain incarcerated or under community supervision for felony convictions involving marijuana offenses committed before July 1, 2021. Courts would be required to schedule hearings to consider reducing, vacating, or modifying these sentences, with deadlines of January 1, 2026, and April 1, 2026, depending on the specifics of the case.
The bill mandates that courts consider the fact that marijuana is now legal when reviewing sentences and that modifications should be granted unless the Commonwealth can demonstrate that such actions would not serve the public interest. Possible modifications include reductions to time served, sentence vacatur, or removal from community supervision.
Additionally, HB 2555 ensures that individuals eligible for sentence modification can access legal representation, with indigent persons entitled to free counsel. The legislation outlines specific deadlines for state and local correctional facilities to identify and notify individuals who may qualify, as well as procedures for circuit courts to handle these cases.
The measure was filed on January 11, and today was assigned to the House Committee for Courts of Justice’s Criminal Subcommittee.
If passed, the law would sunset on July 1, 2028, allowing a roughly three-year period in which eligible cases can be reviewed.
