SB 655 Virginia Senate · 2026 Regular Session

Fentanyl; possession in presence of minor prohibited, enhanced penalty.

Summary

Possession of fentanyl in presence of minor prohibited; enhanced penalty. Makes it a Class 3 felony for any person 18 years of age or older to knowingly possess any substance containing a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in the presence of a minor younger than 15 years of age, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act.

Issues: ✗ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 14, 2026 Last action Feb 2, 2026

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What changed between versions

Introduced → Courts of Justice Substitute · 6 edits

MODERATE

The bill was amended from its original introduction to a substitute version, changing the section number and scope of the law. The original bill created a new standalone section (18.2-251.6) prohibiting adults from allowing minors under 15 to be present where fentanyl is detected. The substitute version integrates this prohibition into an existing child abuse and neglect statute (18.2-371.1), expanding the definition of abuse to include causing or enabling a child under 15 to gain possession of or be exposed to fentanyl.

Scope change

The bill's scope changed from creating a new standalone offense to modifying an existing child abuse and neglect statute. The applicability now falls under the broader framework of child welfare rather than a separate fentanyl possession statute.

SCOPE

The bill was changed from adding a new section 18.2-251.6 to amending and reenacting existing section 18.2-371.1, which covers child abuse and neglect penalties.

ELIGIBILITY

The age threshold for the minor was changed from 'younger than 15 years' in the original to 'under the age of 15' in the substitute, maintaining the same practical effect but within the existing child abuse statute framework.

REQUIREMENT

New language was added to Section E of 18.2-371.1 specifically prohibiting parents or guardians from causing or enabling a child under 15 to gain possession of or be exposed to fentanyl, making it a Class 5 felony.

The original standalone provision requiring that the adult knowingly allow a minor to be present in the same building, dwelling, apartment, unit, garage, shed, or vehicle where fentanyl is present was removed and replaced with language about causing or enabling possession or exposure.

ENFORCEMENT

The penalty was downgraded from a Class 3 felony in the original version to a Class 5 felony in the substitute version, representing a less severe criminal classification.

TECHNICAL

The document format changed from an introduced bill to a substitute amendment, with the date updated from January 14, 2026 to February 2, 2026, and the fiscal impact language was left blank for the Juvenile Justice commitment amount.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 2, 2026

Upper · Passed

Senate committee offered

upper

Jan 14, 2026

Committee

Referred to Committee for Courts of Justice

upper

1 primary · 0 co-sponsors