Marijuana Initiatives in Virginia for Re-Sentencing Convictions
Back in the news once more, are the initiatives for re-sentencing convictions for marijuana charges in Virginia. With medical marijuana having brought so much relief to so many, some may have been interested in the reform it could possibly bring to the Commonwealth.
The Originial Legislation Efforts for Re-Sentencing
Originally, a bill was drafted in which Cannabis in the Commonwealth of Virginia would be legalized. During the beginning stages of this effort for re-sentencing, the bill included things such as social equity improvements as well as concerns for the well-being of the citizens in Virginia. One of the main issues on this bill was that of adjusting the sentences of those who were already convicted. Specifically, those convicted of marijuana possession charges. This issue has been set for a later date at this time, as with recreational sales. We see claims of not enough time to work through all the details of such a request.
Who would be affected by the re-sentencing initiatives?
There are approximately 10 individuals currently serving time in Virginia for offenses related to Marijuana per the Virginia Department of Corrections. Among those individuals, the most severe offense was transporting five or more pounds of marijuana into the state. With the number of convictions solely relating to marijuana being so minor , the number of persons with partially related charges to marijuana is a staggering 596.
Some Democrats are for allowing these 596 current inmates to petition for re-sentencing hearings. Within these potential hearings, a judge of the circuit court could potentially determine that their current sentences are too long, as marijuana is currently legal. However, these same Democrats are unsure of how to handle the 10 individuals with more serious offenses related to marijuana. They are torn, with either allowing for a re-sentencing hearing or expunging the sentences all together.
Latest Efforts Struck down by GOP
The Legislators put a stop to the latest efforts for re-sentencing initiatives in early March. Democratic state Sens. Scott Surovell of Fairfax and Louise Lucas of Portsmouth submitted the original bill earlier in the legislative season. Within their bill, it was described that prisoners currently in Virginia state custody or on probation due to marijuana related felonies would have the ability to request a different sentence from a judge within the circuit court. Due to the Commonwealth’s legalization of marijuana, many of those that are either on probation or currently in custody would most likely not have received the sentence that they are either currently serving or previously served if they were to have been tried today.
That being said, there was some pushback from the Republicans. First, modifying the language of the bill to better suit their beliefs and then by knocking down the bill within the senate. We saw much of this previously signaled in the recent months from the GOP. Specifically, from Governor Youngkin, when stating his various frustrations with the legalization of marijuana within the Commonwealth of Virginia.
For now, the initiatives for social equity for these inmates and those on probations has been tabled. In the near future, perhaps we will see sentencing that is practiced to align with the law of the land.
Interested in starting the process for your Medical Marijuana Card??
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