Changes in Virginia's Laws
MARIJUANA
This page is an adaptation of a presentation given by ACLU VA and Marijuana Justice, viewable below:
Fighting for Equitable Marijuana Reform at the General Assembly
More than 1,600 actions were taken by Virginians urging their lawmakers for equitable marijuana reform
Growth in partnerships
Growth in on-the-ground activists
WINS
Criminal fines reduced to civil penalty
Amount of penalty lowered
Study on equitable legalization
Prohibit Virginia employers or educational institutions from requiring someone to disclose information on a past marijuana-related arrest, criminal charge or conviction
LOSSES
Marijuana possession is still illegal
Youth defined as “delinquency”
Police still have discretion to arrest
No right to counsel if charged with civil penalty
Possession of marijuana in any amount continues to be ILLEGAL.
CRIMINAL VIOLATION
Opportunity to have a public defender or appointed lawyer represent
The possibility to enter a diversion program resulting in complete expungement after a year
CIVIL PENALTY
The charged person DOES NOT have right to counsel
Benefits wealthier people who can pay the penalty
Admission of violating the law could keep a person from entering the military or obtaining a federal job or loan, among other things
The “smell of marijuana” and “stop-and-frisk” will still be a problem
Commercial driver's license holders who unlawfully possess marijuana while operating commercial motor vehicles will be reported to the DMV
CRIMINALIZING OUR YOUTH
Possession of any amount of marijuana by a juvenile will be a criminal act – a “delinquency” – resulting in:
Mandatory drug screenings
Revocation of driver’s licenses for non-related driving offenses
Putting young people into a flawed juvenile criminal legal system for a civil infraction for what is a civil violation if committed by an adult
Harsher punishment for youth than adults
History of Marijuana Criminalization
History shows that past reports on marijuana and drug abuse have led to the creation of a criminal legal system that is stacked up against the Black community.
Tax Regulation and Narrative Criminalization
Marijuana Outlawed
Three-Strikes Laws
Marijuana Decriminalization
Virginia Independent Study of Marijuana Reform
Study due Nov. 30, 2020
Study and provide licensing and regulation of industrial hemp, medical cannabis, and adult use of cannabis
Study processing requirements for expungement of criminal records and rights restoration related to cannabis decriminalization
Study and recommend methods for diversifying ownership of the cannabis market
Study the potential development of a community reinvestment fund
Virginia Data-Led Marijuana Reform Should Address:
Criminal injustice
Social reinvestment accountability
Health and wellness access
