Subcommittee moves to send HB26 forward after adding juvenile inclusion and clarifying judges' duties

Delegate Henson presented a substitute version of House Bill 26 intended to create a clear court-supervised process allowing people convicted of marijuana-only offenses prior to July 1, 2026 to petition for a sentencing modification focused solely on the marijuana component of their sentence.

The substitute added language to include juveniles and clarified in subsection b that judges "should only be looking at the modification of the marijuana piece," counsel said. Committee counsel explained the change would allow people sentenced on multiple offenses to return to court to seek modification of only the marijuana-related portion.

Commonwealth's attorneys raised questions about paragraph b and whether it could be misread to allow courts to reopen unrelated serious convictions. Nathan Green, speaking for the Virginia Association of Commonwealth's Attorneys, said his office’s opposition had been addressed but sought clarity to ensure that the marijuana-only review would not be used to reopen manslaughter or other serious convictions that happened on the same day.

Members questioned whether judges must explain denials. Counsel and committee discussion pointed to language requiring a written explanation for denial be filed in the case record and provided to the defendant (or their attorney), the Commonwealth and the Virginia Criminal Sentencing Commission. The committee agreed to convene with counsel to resolve lingering structural questions before full committee but ultimately reported the substitute as amended and referred it to appropriations by a committee vote of 8 to 2.

The measure, as amended, reopens a path for those with marijuana-only sentencing to seek review but places limits on scope and requires documented reasoning for denials. The committee paused to allow DLS and counsel to clean up drafting before full committee consideration.