Va. Resentencing Law Provides Relief To Cannabis Offenders

By Elizabeth Daley | May 15, 2026, 4:33 PM EDT ·

The governor of Virginia signed a bill Friday enacting resentencing legislation that will allow people who are serving sentences for marijuana-related convictions to seek reductions for conduct that, since 2021, wasn't a chargeable offense in the state, her office said.

According to a press release issued by Gov. Abigail D. Spanberger, "more than 1,000 Virginians remain incarcerated or under community supervision for marijuana-related convictions," despite changes to the law.

The bill, Senate Bill 62/House Bill 26 "creates an automatic hearing process for eligible individuals convicted of certain marijuana offenses prior to the 2021 law change that allows these Virginians to seek modification or reduction of their sentences, unless the commonwealth demonstrates during these hearings that doing so would not be in the best interest of the public," the press release said.

Spanberger said in a statement that because state law was modified, "it is important to ensure that those who have been previously convicted of offenses under since-changed laws receive fair treatment and sentencing review."

She added that "for decades, marijuana enforcement disproportionately impacted minority communities and communities of color, contributing to inequities in the criminal justice system that Virginia must no longer ignore."

The Last Prisoner Project, an organization dedicated to freeing those incarcerated due to the War on Drugs, heralded the new law in a press release Friday, noting it had been supportive of the legislative effort.

Stephanie Shepard, executive director of Last Prisoner Project, said in a press release that she had served 10 years in federal prison "for a first-time, nonviolent cannabis offense."

"I know what it means to lose birthdays, holidays, and everyday moments with the people you love because of outdated cannabis policies," she added.

Shepard said the new law "will give eligible Virginians a real chance for justice in the state's legal system."

The Last Prisoner Project said the new law had been hard-won, noting that in 2025, then-Virginia Gov. Glenn Youngkin had vetoed a similar Last Prisoner Project-designed sentence modification bill.

"Across multiple legislative cycles, Last Prisoner Project has provided testimony, technical feedback, and direct policy support to help keep resentencing reform on the agenda and move it closer to enactment," the organization said, thanking the governor for her support.

The Last Prisoner Project said that in addition to allowing for hearings, "the new law expands who can qualify for relief, including certain individuals adjudicated as juveniles and people who remain under state supervision." The organization explained that in 2025, Virginia lawmakers also "advanced legislation focused on clearing criminal records, streamlining state-initiated expungements, and sealing certain ancillary records tied to cannabis charges and arrests."

--Editing by Rich Mills.