VA SB62

Courts must schedule hearings by January 1, 2027, for individuals still incarcerated or on probation for marijuana-related felony offenses committed before July 1, 2021, to consider sentence modification.

Individuals convicted of marijuana offenses alongside other non-violent offenses must have hearings scheduled by April 1, 2027, for modification of the marijuana-related portion of their sentence.

Courts must consider that marijuana has been legalized and shall reduce, vacate, or modify sentences 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; others may petition for appointed counsel at no filing fee.

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