VA HB26

Circuit courts must schedule hearings by January 1, 2027 to consider sentence modifications for individuals convicted of marijuana-related felonies committed before July 1, 2021 who are currently incarcerated or on community supervision

For those with marijuana convictions combined with other non-violent offenses, hearings must be scheduled by April 1, 2027

Courts shall reduce, vacate, or modify sentences (including to time served or removal from supervision) unless the Commonwealth demonstrates it would not be in the public interest

Individuals found indigent at original sentencing are entitled to counsel for modification hearings without filing a new petition

The Department of Corrections, local jails, and Department of Juvenile Justice must identify eligible individuals and provide lists to circuit courts by September 1, 2026; the provisions expire July 1, 2029