SB 1395 Virginia Senate · 2025 Regular Session

Illegal sale of cannabis; retail tobacco & hemp products, possession by person under 21yrs. of age.

Summary
Possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age prohibited; penalty. Prohibits any person younger than 21 years of age from possessing any retail tobacco product or hemp product intended for smoking, as those terms are defined in relevant law. A violation of such prohibition is punishable by seizure and forfeiture of such retail tobacco product or hemp product for a first violation. The bill imposes a civil penalty not to exceed $100 for a second violation and a civil penalty not to exceed $250 for a third or subsequent violation. The bill also provides that a court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a second violation and up to 40 hours of community service for a third or subsequent violation, but if the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Additionally, upon such violation, the judge may enter an order suspending the motor vehicle and driver's license of such person pursuant relevant law.
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Feb 2025
House of Delegates Passage
Feb 2025
Governor
Introduced Jan 14, 2025 Last action Feb 24, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Courts of Justice Substitute Courts of Justice Subcommittee Substitute · 5 edits
MODERATE
The Senate version of SB 1395 focused on civil penalties for selling cannabis products and false claims, while the House version shifted focus to regulating tobacco and hemp product retail locations and prohibiting minors from possessing these products. The House version removed the cannabis-related false claims provisions and replaced them with new regulations on where tobacco and hemp products can be sold, plus stricter enforcement against underage possession.
Scope change
The bill's scope changed from primarily addressing cannabis sales violations and false claims to focusing on tobacco and hemp product retail location regulations and underage possession prohibitions.
ENFORCEMENT

Removed provisions about civil penalties for selling cannabis products with high THC levels and false claims against the Commonwealth.

Added specific prohibitions against persons under 21 from possessing tobacco and hemp products intended for smoking, with seizure and forfeiture as penalties.

REQUIREMENT

Added new requirements allowing localities to regulate where tobacco and hemp products can be sold, including prohibiting sales near schools and child day centers.

TIMELINE

Added a requirement for the Department of Taxation to convene a work group to develop an enforcement program and report findings by November 1, 2025.

ELIGIBILITY

Modified exemptions for possession to include law enforcement officers and employees making deliveries in pursuance of employment, while maintaining scientific research exemptions.

Floor votes · Senate Feb 4, 2025 · House of Delegates Feb 19, 2025

How they voted

400
Passed
Total votes 40
Feb 4, 2025
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
39
Key actions
5
Committee
6
Feb 20, 2025
Committee
House requested conference committee
lower
Feb 20, 2025
Upper · Passed
Passed by temporarily
upper
Feb 19, 2025
Lower · Passed
Passed House with substitute (83-Y 14-N)
lower
Feb 14, 2025
Lower · Passed
Reported from Courts of Justice with substitute (21-Y 0-N)
lower
Feb 7, 2025
Committee
Assigned Courts sub: Criminal
lower
Feb 7, 2025
Committee
Referred to Committee for Courts of Justice
lower
Feb 4, 2025
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Feb 3, 2025
Upper · Passed
Reported from Courts of Justice with substitute (15-Y 0-N)
upper
Jan 14, 2025
Committee
Referred to Committee for Courts of Justice
upper
Jan 14, 2025
Introduced
Presented and ordered printed 25103944D
upper
1 primary · 2 co-sponsors

Sponsors