Virginia Democrats are moving quickly to reopen long-running debates over cannabis policy as lawmakers return to Richmond this week, with a sentencing review measure positioned as one of the first concrete proposals on the issue.
House Bill 26, sponsored by Del. Rozia Henson, D-Woodbridge, would create a process for people convicted of certain marijuana-related felonies before July 1, 2021 to receive an automatic court hearing to consider modifying their sentences. The bill would apply to individuals who remain incarcerated or on community supervision as of July 1, 2026, and would sunset July 1, 2029. A companion bill has been filed in the Senate.
The proposal arrives as Democratic leaders signal that adult-use cannabis retail legalization is back on the table after years of delays. Gov.-elect Abigail Spanberger has pledged to sign legislation creating a regulated market, reversing repeated vetoes by outgoing Republican Gov. Glenn Youngkin.
While the retail framework is still being finalized, lawmakers have outlined plans for a statewide licensing system, stronger product testing requirements, and new zoning and public safety rules that would allow legal sales to begin later in 2026. (RELATED: Robots Are Filling Prescriptions for Richmond Pharmacies as Virginia Approves New Rules)
Outgoing Gov. Glenn Youngkin has pushed back on Democratic cannabis proposals in the past, framing legalization efforts as a public safety risk and warning that expanded marijuana policy could fuel impaired driving, youth access, and broader enforcement challenges for local communities. In the video, Youngkin argues that Democrats are moving too aggressively on cannabis and suggests the state should prioritize stricter guardrails—or avoid full-scale retail legalization altogether—rather than expanding access while regulators and law enforcement are still adapting to the existing framework.
HB 26 takes a narrower approach, focusing on people still facing consequences for offenses tied to marijuana prior to the state’s July 2021 legalization of possession. Supporters argue it is a fairness measure aligned with the state’s broader shift in cannabis policy.
The bill is expected to draw attention as the General Assembly also confronts a major biennial budget, increasing pressure to weigh criminal justice reforms against implementation costs for courts and supervision programs. (RELATED: Virginia Democrats Enter Session With Big Agenda, Four Amendments, and Budget Uncertainty)
With Democrats holding a 64-36 advantage in the House and a narrow 21-19 majority in the Senate, HB 26 is likely to receive a faster hearing schedule than similar measures in recent years.