Criminal Justice (Drug Policy)

Possession, transportation, or purchase of certain firearms by certain persons; penalty. Provides additional exceptions, outlined in the bill, for persons younger than 18 years of age to possess or transport handguns or assault firearms anywhere in the Commonwealth. The bill also makes it a Class 1 misdemeanor for persons younger than 21 years of age to purchase a handgun or assault firearm anywhere in the Commonwealth.

Marijuana and hemp products; enforcement. Amends various provisions of law to increase enforcement and penalties related to the illegal sale of marijuana or marijuana products by persons licensed by the Virginia Department of Agriculture and Consumer Services, the Virginia Alcoholic Beverage Control Authority, and the Virginia Cannabis Control Authority (CCA). The bill also requires the Board of Directors of the CCA to create and require a decal for retail marijuana store licensees to prominently display on the premises of such store that allows consumers to electronically verify the validity of such store's license from the Board. The bill requires such decal to be displayed by licensees, with a civil penalty of $10,000 for each day that such decal is not displayed in the establishment. The bill also creates a $10,000 civil penalty for creating or falsifying such decal. The bill allows the Board to issue a notice of violation and order to cease unlicensed activity to any person who is engaged in the cultivation, processing, distribution, or selling of marijuana or marijuana products in violation of current law, and if the Board issues such notice and order, it may also order the seizure of such marijuana or marijuana products. Any person who intentionally removes such notice and order or sticker without authorization of the Board is subject to a civil penalty prescribed by the Board, not to exceed $5,000. The bill also specifies that the Chief Executive Officer of the Board or investigators appointed by him shall be sworn to enforce the provisions of the Cannabis Control Act and Board regulations and have the authority to investigate violations of the statutes and regulations the CCA is required to enforce. The bill also revises certain provisions related the assessment of civil penalties against manufacturers and sellers of certain industrial hemp extracts and foods containing industrial hemp extracts and makes it a prohibited practice under the Virginia Consumer Protection Act to sell or offer for sale a substance intended for human consumption, orally or by inhalation, that (i) contains more than 0.3 percent total tetrahydrocannabinol or (ii) contains more than two milligrams of total tetrahydrocannabinol per package. Additionally, the bill requires the Secretary of Public Safety and Homeland Security and the Secretary of Health and Human Resources to convene a work group to analyze the current efforts in the Commonwealth to combat the sale of illicit cannabis products and submit a report of its findings and recommendations to the Chairs of the House Committees on Appropriations, on General Laws, and for Courts of Justice and the Senate Committees on Finance and Appropriations, on General Laws and Technology, on Rehabilitation and Social Services, and for Courts of Justice by October 1, 2026.

Medical cannabis; administration to terminally ill patients; report. Directs the Department of Health to promulgate regulations specifying that hospital staff may store, dispense, and administer cannabis oil when a patient has valid certification and exempts such staff from criminal penalties for possession of cannabis oil. The bill directs the Department of Health to convene a work group to discuss the implementation process for providing cannabis products to patients in medical care facilities and report on its discussion to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026. This bill incorporates HB 486. This bill is identical to SB 332.

Licensed substance abuse treatment practitioners; licensure by endorsement; licensure without examination. Directs the Board of Counseling to establish a pathway to licensure by endorsement as a licensed substance abuse treatment practitioner for applicants who have held certification as a certified substance abuse counselor for at least 10 years without a history of disciplinary action, have completed at least five years of documented supervised experience, hold at least a master's degree in an appropriate field of counseling, and hold a Master Addiction Counselor credential issued by NAADAC, the Association for Addiction Professionals. The bill provides that such pathway to licensure by endorsement does not require examination.

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.

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Provides that all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law, shall be subject to lawful seizure by a law-enforcement officer and forfeited to the Commonwealth by order of the court trying the case. The bill also (i) requires the court to order the destruction of all such equipment, devices, and other personal property, (ii) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (iii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iv) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.

Possession or transportation of firearms, firearms ammunition, stun weapons, or explosives or carrying of concealed weapons by persons convicted of a misdemeanor hate crime prohibited; penalty. Prohibits any person who, on or after July 1, 2026, commits assault or assault and battery against a person he intentionally selected because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin and is subsequently adjudicated delinquent or convicted of such offense from knowingly and intentionally possessing or transporting any firearm or ammunition for a firearm, any stun weapon, or any explosive material or carrying a concealed weapon, a violation of which is a Class 1 misdemeanor.

Manufacturing, selling, giving, distributing, or possessing medetomidine; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute the substance medetomidine, when intended for human consumption, is guilty of a Class 5 felony. Under the bill, any person who knowingly possesses medetomidine, when intended for human consumption, is guilty of a Class 1 misdemeanor. Under the bill, it is not an offense to (i) manufacture medetomidine for legitimate veterinary use; (ii) distribute or sell medetomidine for authorized veterinary use; (iii) possess, administer, prescribe, or dispense medetomidine in good faith for use by animals within the course of legitimate veterinary practice; or (iv) possess or administer medetomidine pursuant to a valid prescription from a licensed veterinarian.

Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; grant procedures. Requires the grant procedure to govern funds awarded to local and regional jails for the planning or operation of substance use disorder treatment services and transition services for persons with substance use disorder who are incarcerated in local and regional jails to include requirements that (i) any grant awarded shall be made for up to three years and (ii) an applicant for a grant submit a plan demonstrating how such applicant will become independently financially viable within the time period for which the grant is awarded. This bill is a recommendation of the Joint Commission on Health Care and is identical to HB 455.

An Act to amend and reenact §§ 3.2-4113, 4.1-1604, 18.2-36.3, 18.2-250, 18.2-251, 18.2-251.03 through 18.2-251.1:3, 18.2-308.1:5, 19.2-327.15, 32.1-45.4, and 54.1-3466 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-250.01, relating to possession of residue of a controlled substance; penalties; exceptions.