Virginia Delegate Rozia Henson, Jr. (D), sponsor of HB 26, says he will accept Gov. Abigail Spanberger's (D) amendments to the marijuana resentencing bill while objecting to their central change.
As passed by lawmakers, HB 26 and companion SB 62, sponsored by Senate President Pro Tem Louise Lucas (D), would have directed corrections officials to identify eligible people, notify them, and work with courts to schedule resentencing hearings automatically. Eligibility covers people incarcerated or on community supervision for felony marijuana offenses—possession, manufacture, sale, or distribution—committed before July 1, 2021, when Virginia legalized personal possession and home cultivation of cannabis.
Spanberger proposed the amendments Monday. They eliminate automatic hearings, requiring affected individuals to file petitions themselves, and remove statutory deadlines for court hearings.
"No one would fall through the cracks simply because they lacked a lawyer or did not know to ask," Henson said. "The amendment shifts that entire burden onto individuals navigating incarceration or active supervision; often without the information or resources to file a petition on their own."
Spanberger's office said her amendments "clarify that under no circumstances would reconsideration be allowed for violent offenses that remain illegal in Virginia—from armed burglary to firearm possession to distribution of fentanyl, heroin, and other dangerous drugs." Henson countered that the original bill already excluded people convicted of violent acts under Virginia law, and that the governor's stated rationale does not address the actual change she made.
Still, Henson said he would not block the legislation. "A petition pathway is a real pathway, and I am not willing to let the perfect be the enemy of the good when people's freedom is at stake," he said. "But acceptance is not the same as agreement." He said he plans to work with legal aid organizations, public defenders, and community groups to help eligible individuals access relief.
A similar bill passed last session before then-Gov. Glenn Youngkin (R) vetoed it.
Spanberger is also seeking major amendments to separate legislation to legalize recreational marijuana sales in Virginia—including a six-month delay to the market launch, higher taxes, and new criminal penalties for consumers. Sponsors of those bills are resisting her proposed changes and have not signaled willingness to accept them. This week Spanberger also signed bills protecting the parental rights of marijuana consumers and allowing medical cannabis access in hospitals.
