Subcommittee backs amended bill to remove criminal penalties for youth possession of alcohol and marijuana and refer it to appropriations

Delegate Mehta presented a substitute to HB 14‑32 that would align penalties for under‑21 possession of alcohol and marijuana with the approach already applied to tobacco and hemp products: unconcealed possession observed in plain sight would be deemed contraband and subject to seizure and disposal rather than a criminal misdemeanor for persons under 21. The substitute also treats lawful adult (21+) possession of alcohol on school grounds as a class 2 misdemeanor.

Testimony was extensive and sharply divided. Supporters including the Virginia State Conference NAACP youth chapter, Marijuana Justice, the Drug Policy Alliance, Legal Aid Justice Center, and public‑health researchers argued the measure would reduce the school‑to‑court pipeline, limit disparate impacts on low‑income and minority youth, and treat adolescent substance use as a public‑health issue rather than a reason for court involvement. Dr. Faith English cited data showing increases in marijuana‑related school discipline and juvenile system contact and urged the committee to act.

Opponents—represented by groups focused on underage drinking prevention—warned removing criminal penalties could underplay the risks of underage drinking and urged caution. Committee members debated notification to parents, availability of follow‑up services, and fiscal implications. Members discussed using enactment language or a work group to coordinate services and possible funding through pending cannabis legislation. The subcommittee voted to report the substitute and refer HB 14‑32 to appropriations (recorded vote, reported in the transcript as moving forward by a recorded vote).