Virginia fails to provide resentencing for cannabis prisoners
An LPP-supported legislative proposal that would have created a resentencing mechanism for individuals still incarcerated or on supervision for marijuana-related felonies died in the waning days of Virginia’s 2022 legislative session. The bill would have provided automatic resentencing hearings for these individuals, and is the strongest cannabis resentencing bill to pass a state legislative chamber. It would have given folks like LPP constituent Bryan Reid, a father of four serving a 12-year sentence at Coffeewood Correctional Center for possession with intent to distribute marijuana, a chance at being reunited with his family.
During the 2021 legislative session, the Commonwealth took the historic step of becoming the first Southern State to legalize adult-use marijuana. Although Virginia is one of 18 states where adult-use is legal, it is one of only eight states with automatic record clearance for individuals with previous marijuana records. While an incredible step in the right direction, the Commonwealth’s plan to make recompense for the harm of past prohibition policies was still incomplete, as was evident by the fact that there were still individuals incarcerated or on supervision for marijuana-related convictions. Last October, LPP testified before the Virginia Cannabis Oversight Commission about this glaring issue and offered policy recommendations to ensure cannabis sentences received reconsideration in light of legalization.
Elections have consequences, and this became clear especially as it related to the Commonwealth’s recent decision to legalize adult-use marijuana. Governor Youngkin and certain members of legislative leadership voiced opposition to legal sales and other marijuana-related policies. Nevertheless, two cannabis resentencing bills were introduced by
Republican Delegate Carrie Coyner and
Democratic State Senator Louise Lucas to address this issue, and garnered bipartisan support in both chambers.
Despite passing the Senate, the legislative vehicle was killed by the House Appropriations Committee in a party-line vote. In addition to killing the cannabis resentencing bill, the House also failed to put forth their own plan on how to roll out recreational sales for marijuana. Ultimately, no legislation related to marijuana passed this session. It is also worth noting that the Virginia General Assembly adjourned without passing the state’s budget for the next two years, ensuring that a special session will be necessary to address yet another shortcoming of the 2022 session.
To have a right to do something is not at all the same as to be right in doing so. While this may seem like mere semantics, this distinction between
having a right and
doing what is right
is crucial to understanding the outcome of the 2022 legislative session in Virginia. Sure, lawmakers in Virginia had the right to oppose the creation of a legal market and forestall the release of the
596 individuals in prison or on paper; but were they right in doing so?
The Last Prisoner Project would like to thank Delegates Carrie Coyner (R), William Wampler (R), Michael Webert (R), Dawn Adams (D), and Senators Louise Lucas (D), Scott Surovell (D), and Adam Ebbin (D) for their championship of cannabis resentencing this session. We would also like to thank Sheba Williams at Nolef Turns, Ngiste Abebe at Columbia Care, Shawn Weneta, Justice Forward VA, and all the countless other advocates pushing for cannabis reform. LPP looks forward to continuing to support their leadership on this issue as we work toward full freedom for our constituents.
Coverage of LPP’s VA resentencing campaign:
- Virginia seals 64,000 marijuana distribution charges
- Prisoners held on marijuana-related counts hope for release as Virginia moves to legalize recreational use
- Marijuana Bills Stall in Virginia's GOP-Controlled House
- House Republicans kill legislation to kick start legal sales of marijuana in Virginia
- Bill to allow marijuana resentencing in Virginia dies in GOP-led House panel
