SB 62: Marijuana-related offenses; modification of sentence, sunset. - Virginia

Courts of Justice Substitute → Engrossed · 5 edits · Mar 12, 2026

MODERATE

The bill was updated from a House Substitute to an Engrossed version with Senate amendments. The most significant change is the removal of the requirement for individuals to be 'adjudicated delinquent' (a juvenile status), meaning the law now applies to all felony marijuana convictions regardless of age at the time of the crime. Additionally, the specific legal definition of 'acts of violence' was removed, and the bill now explicitly clarifies that circuit courts, rather than general courts, will handle these sentence modifications.

Scope change

The bill's scope expanded to include all felony marijuana convictions, removing the previous restriction that excluded individuals who were treated as juveniles (adjudicated delinquent) at the time of their offense.

ELIGIBILITY

Removed the phrase 'adjudicated delinquent' from the eligibility criteria, allowing the sentence modification process to apply to all felony marijuana convictions regardless of whether the person was a juvenile or adult at the time of the crime.

Deleted the specific reference to 'acts of violence as defined in § 19.2-297.1' and replaced it with a reference to 'subsection C of § 17.1-805', changing the legal standard used to determine if a person is ineligible for sentence modification.

REQUIREMENT

Changed the court type from a general 'court' to a specific 'circuit court' in multiple sections to clarify which judicial body has jurisdiction over these hearings.

Added specific text to clarify that the supervision status being reviewed is 'community active supervision' rather than just general community supervision.

TECHNICAL

Updated the bill header and tracking numbers to reflect its status as an Engrossed bill with Senate amendments, and added patron information.

Introduced → Courts of Justice Substitute · 4 edits

MODERATE

This bill was amended to include juvenile delinquents alongside adult felons for sentence modification regarding past marijuana offenses. The changes expand eligibility to include the Department of Juvenile Justice and clarify that hearings apply to both adults and youth who were sentenced for these crimes before July 1, 2021.

Scope change

The bill's scope expanded from only adult felons to include both convicted adults and adjudicated delinquent juveniles.

SCOPE

Added 'adjudicated delinquent' to the list of individuals eligible for sentence modification, extending the bill's protection to juveniles.

ELIGIBILITY

Updated the list of agencies responsible for identifying eligible individuals to include the Department of Juvenile Justice.

REQUIREMENT

Changed the terminology from 'circuit court' to 'court' to ensure the law applies uniformly to both juvenile and adult proceedings.

DEFINITION

Clarified that the hearing applies to sentences imposed for both adult convictions and juvenile adjudications.

Engrossed → Enrolled · 6 edits · Mar 12, 2026

MODERATE

The bill transitioned from a draft version to its final enrolled form, incorporating significant substantive changes to expand eligibility and clarify procedures. The most important change is the inclusion of juvenile delinquency cases alongside adult convictions, ensuring youth with past marijuana offenses are also covered. Additionally, the text was refined to explicitly include violations of probation and to specify that the Department of Juvenile Justice is responsible for processing these cases, making the law more inclusive and operationally clear.

Scope change

The scope was expanded to include individuals adjudicated delinquent as juveniles, not just adults convicted of felonies. It also clarified that the law applies to violations of probation, not just active incarceration or community supervision.

ELIGIBILITY

Added 'adjudicated delinquent' to the list of statuses, extending the bill's benefits to juveniles who were previously processed in the juvenile justice system for marijuana offenses.

Expanded the list of statuses to include individuals on 'probation pursuant to § 16.1-278.8' and those who have 'violated probation,' ensuring those under court supervision are eligible for sentence review.

ENFORCEMENT

Added the 'Department of Juvenile Justice' to the list of agencies responsible for identifying eligible individuals and notifying them of their rights.

TECHNICAL

Replaced the placeholder text '[remains is]' with the final operative language 'remains,' clarifying that individuals currently in custody or under supervision are the target of this relief.

Changed the reference from 'circuit court' to simply 'court' in several sections to ensure the law applies uniformly regardless of the specific court type (e.g., juvenile or adult court).

DEFINITION

Removed a specific exclusion regarding acts of violence defined in a different statute, simplifying the criteria for who is eligible for sentence modification.

Marijuana-related offenses; modification of sentence, sunset.

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