Virginia Creates New Resentencing Opportunity for Some Marijuana Convictions

Don’t miss important updates about Virginia’s marijuana program. Subscribe to our newsletter and get the latest straight to your email!

Virginia is continuing to reshape its marijuana laws with a new piece of legislation that could impact those dealing with older marijuana convictions. Governor Glenn Youngkin recently signed a bill, HB 26, into law that creates a resentencing pathway for marijuana-related offenses committed before Virginia legalized adult-use marijuana possession in 2021.

The new law gives some individuals the opportunity to return to court and ask a judge to review sentences tied to conduct that may no longer be illegal under current Virginia marijuana laws. Supporters say the legislation is meant to address the gap between Virginia’s modern marijuana policies and older convictions that continue to affect thousands of residents.

What the New Law Does

The legislation establishes a legal process allowing eligible individuals to petition the court for resentencing on certain marijuana offenses. Instead of automatically reducing or dismissing sentences, the law allows judges to review cases individually and determine whether a sentence should be modified under today’s marijuana laws.

This means courts can consider whether the original sentence still makes sense now that Virginia has legalized marijuana possession for adults 21 and older.

Judges will review several factors during the resentencing process, including:

• The specific marijuana offense involved

• The amount of time already served

• A person’s conduct while incarcerated or under supervision

• Current Virginia marijuana laws

• Public safety considerations

The law does not guarantee sentence reductions, but it does create a formal legal process for individuals to seek relief.

Who Could Qualify?

HB 26 applies to those convicted of certain felony marijuana offenses before July 1, 2021, which is when adult-use marijuana possession became legal in Virginia.

Eligible offenses may include some cases involving:

• Possession with intent to distribute marijuana

• Marijuana manufacturing charges

• Transportation-related marijuana offenses

• Marijuana conspiracy charges

• Certain supervision or probation violations connected to marijuana convictions

To qualify, individuals generally must still be serving their sentence, be incarcerated, or remain under community supervision when the law takes effect.

Courts are expected to begin reviewing eligible cases over the next several years as the resentencing process is implemented statewide.

Why the Law Is Important

Virginia legalized simple marijuana possession in 2021, but many continued serving sentences tied to older marijuana laws after legalization took place. Supporters of the new legislation argued that the criminal justice system needed a way to revisit those cases.

Many advocates also point to the lasting effects marijuana convictions can have on a person’s life. Even after serving a sentence, individuals may face challenges finding employment, housing, educational opportunities, or professional licenses because of a criminal record.

Lawmakers behind the bill said the resentencing process is intended to create a fairer system that reflects Virginia’s current marijuana policies rather than outdated laws from years ago.

The legislation is also part of a broader national trend as more states reconsider past marijuana convictions following legalization and decriminalization efforts.

Virginia Marijuana Laws Continue to Change

Virginia’s marijuana laws have evolved rapidly over the past few years. Adults 21 and older can legally possess limited amounts of marijuana for personal use, although retail adult-use sales have not yet launched. This means that in order to buy marijuana in Virginia, you must go through the state’s medical marijuana program and have an active marijuana card.

At the same time, Virginia continues expanding conversations around marijuana reform, criminal justice policy, and medical marijuana access.

While this new resentencing law will not affect every marijuana conviction, it represents another major shift in how Virginia approaches marijuana-related offenses and sentencing.

Medical Marijuana Is Still Available in Virginia

Virginia’s medical marijuana program continues to provide patients with legal access to marijuana products through licensed dispensaries across the state.

Patients who qualify can consult with a licensed medical marijuana provider to determine whether medical marijuana may be appropriate for their needs. In Virginia, a marijuana doctor can recommend medical marijuana for any symptom or condition they believe may benefit from treatment. If approved, the doctor will upload the patient’s certification directly to the Virginia Cannabis Control Authority (CCA) patient portal, where patients can access their certification and use it to purchase products at licensed dispensaries throughout the state.

Virginia no longer requires patients to complete a separate state registration process to receive a physical medical marijuana card. Instead, patients use their written certification that is in the CCA patient portal, along with a valid government-issued ID, when purchasing products from dispensaries.

At Virginia Marijuana Card, we help guide patients through the entire process, making it simple from start to finish. We offer telemedicine evaluations for new patients and renewals, so Virginians can complete their certification appointments from the comfort of home!

Our patient support team is also available to help at every step, including scheduling appointments, answering eligibility questions, and explaining how the Virginia medical marijuana program works. Once patients are certified, we continue to provide guidance on how to access licensed dispensaries and understand available treatment options under Virginia’s program.

Final Thoughts

Virginia’s new resentencing law marks another important development in the state’s changing approach to marijuana policy. While the legislation will not automatically clear convictions or reduce every sentence, it creates a pathway for some individuals to have older marijuana-related cases reviewed under today’s laws.

As more states continue revisiting past marijuana convictions, Virginia’s new law reflects a growing effort to align older criminal penalties with modern marijuana policies. At the same time, Virginia’s medical marijuana program continues providing patients with legal access to marijuana products while lawmakers debate the future of marijuana reform across the state.

Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is already available in Virginia! You can get your medical marijuana card and access dispensaries today! 

Recreational marijuana is legal in Virginia, but it does not mean much since there are no recreational dispensaries to purchase products from.

If you don’t already have your card, no worries. We can help! If you think you could benefit from medical marijuana, there is a good chance you would qualify for your medical card in the State of Virginia. There’s no list of qualifying conditions, so anyone with a medical condition could get a medical marijuana card! With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!

Schedule an evaluation online today, and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

---

Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Virginia’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (888) 633-5808 or schedule your evaluation today

For more blogs like this, plus patient resources and state updates, sign up for our newsletter!