Virginia lawmakers are taking significant steps to address past marijuana offenses while safeguarding civil rights. A Senate committee recently approved a bill to seal criminal records tied to simple marijuana possession and related charges, signaling progress for cannabis reform advocates. Simultaneously, the panel struck down a proposal to permit police searches based on the smell of marijuana, a decision celebrated by many as a win for personal privacy.
A Move Toward Justice: Record-Sealing Bill Gains Momentum
The Senate Courts of Justice Committee approved the record-sealing bill, SB 1466, in a 9–3 vote, with two members abstaining. This legislation, sponsored by Sen. Scott Surovell (D), aims to seal not just possession charges but also ancillary records such as probation violations and court contempt cases tied to marijuana-related offenses.
According to Surovell, the current record-sealing process in Virginia is flawed, as it depends on records being entered into the Central Criminal Records Exchange (CCRE). Most marijuana charges, he noted, are not recorded in this system because offenders are often ticketed without being arrested or fingerprinted.
The bill also includes provisions requiring business screening services to promptly delete sealed cannabis-related records. However, federal requirements for Department of Motor Vehicle records remain unaffected.
“This is about ensuring people receive meaningful relief for something that’s no longer considered a crime,” Surovell emphasized.
Cannabis Odor as Probable Cause: Proposal Defeated
A separate bill proposing that marijuana odor could justify police searches was decisively rejected by the committee. This measure, SB 947, introduced by Sen. Bill DeSteph (R), would have reversed a 2021 law that prohibits police from using cannabis odor alone as grounds for stops and searches.
JM Pedini, executive director of Virginia NORML, expressed relief at the outcome, stating, “Repealing this law would bring back the rampant claims of ‘I smell marijuana,’ often used as a pretext for traffic stops and searches.”
The advocacy group Marijuana Justice and its allies have pledged to continue opposing efforts to roll back this civil rights protection. Chelsea Higgs Wise, the group’s executive director, underscored their commitment: “Every year, they’ll try to repeal this pretextual stop criteria, and we’ll fight it every year.”
Legal Sales Still on the Horizon
While use, possession, and limited home cultivation of marijuana have been legal in Virginia since 2021, commercial sales remain prohibited. Lawmakers are currently working on legislation to establish a regulated market for adult-use cannabis.
Last week, committees in both chambers advanced bills to legalize sales, though the proposals face potential vetoes. The combined proposal from Del. Paul Krizek (D) and Sen. Aaron Rouse (D) includes plans to allow adults to purchase up to 2.5 ounces of marijuana from state-licensed retailers, with sales potentially starting in May 2026. The Virginia Cannabis Control Authority would begin issuing business licenses as early as September this year.
Local governments could opt out of allowing marijuana establishments but would require voter approval to do so. Sales would be taxed at a maximum rate of 11.625 percent, generating revenue while addressing the state’s illicit cannabis market, estimated to be worth $3 billion.
Advocates Push for Comprehensive Reform
Reform groups such as Marijuana Justice, Justice Forward Virginia, and RISE for Youth have hailed these legislative moves as essential for addressing the harms caused by past marijuana criminalization. Advocates argue that regulated sales will enhance consumer safety, prevent youth access, and redirect resources away from the illicit market.
“This is way overdue,” said Del. Krizek during a recent hearing. “It’s time for safe, legal, and affordable access to cannabis in Virginia.”
Gov. Glenn Youngkin (R) remains a key figure in these discussions. Last year, he vetoed a bill that would have provided resentencing relief for marijuana convictions, citing concerns about public safety. Whether he will support the new legislative push remains to be seen.
What’s Next for Virginia?
As the state’s short 30-day legislative session continues, the focus on marijuana reform is intensifying. The success of these bills could shape Virginia’s cannabis landscape for years to come. For now, advocates are celebrating victories while preparing for the challenges that lie ahead.
