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HB 972 - Establishes Provisions Decriminalizing Marijuana - Virginia Key Vote

Stage Details

See How Your Politicians Voted

Title: Establishes Provisions Decriminalizing Marijuana

Vote Smart's Synopsis:

Vote to concur with governor's recommendations #1-5 and 7-16, and pass a bill that establishes provisions decriminalizing marijuana.

Highlights:

 

  • Establishes a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use (Sec. 1).

  • Specifies that anyone who sells, gives, distributes, or possesses with intent to sell, give, or distribute marijuana with respect to (Sec. 1):

    • No more than one ounce of marijuana is guilty of a Class 1 misdemeanor; and

    • More than one ounce but no more than 5 pounds of marijuana is guilty of a Class 5 felony.

  • Specifies that if a person proves that they gave, distributed, or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with the intent to profit nor to induce the recipient or intended recipient to use, become addicted to, or dependent upon such marijuana, they will be guilty of a Class 1 misdemeanor (Sec. 1).

  • Specifies that knowingly or intentionally possessing marijuana without a valid prescription will be subject to a civil penalty of no more than $25 (Sec. 1).

  • Prohibits records relating to the arrest, criminal charge, or conviction of a person for a violation of the previous highlight, from being opened for public inspection or otherwise disclosed, except for certain exceptions (Sec. 1).

  • Prohibits an employer or educational institution from requiring an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against them when the record is not open for public inspection in accordance with the civil penalty of marijuana possession (Sec. 1).

  • Prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against them when the record is not open for public inspection in accordance with the civil penalty of marijuana possession (Sec. 1).

  • Classifies a person who willfully violates either of the previous 2 highlights as guilty of a Class 1 misdemeanor for each violation (Sec. 1).

  • Specifies that if a petition has no prior criminal record and the charge was for a civil offense, the petitioner will be entitled, in the absence of good cause shown to the contrary, to expungement of the police and court records relating to the charge, and the court will enter an order of expungement (Sec. 1).

  • Requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and the Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and to report its recommendation to the General Assembly and the Governor by November 30, 2020 (Sec. 2).

See How Your Politicians Voted

Title: Establishes Provisions Decriminalizing Marijuana

Vote Smart's Synopsis:

Vote to concur with governor's recommendations #1-5 and 7-17, and pass a bill that establishes provisions decriminalizing marijuana.

Highlights:

 

  • Establishes a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use (Sec. 1).

  • Specifies that anyone who sells, gives, distributes, or possesses with intent to sell, give, or distribute marijuana with respect to (Sec. 1):

    • No more than one ounce of marijuana is guilty of a Class 1 misdemeanor; and

    • More than one ounce but no more than 5 pounds of marijuana is guilty of a Class 5 felony.

  • Specifies that if a person proves that they gave, distributed, or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with the intent to profit nor to induce the recipient or intended recipient to use, become addicted to, or dependent upon such marijuana, they will be guilty of a Class 1 misdemeanor (Sec. 1).

  • Specifies that knowingly or intentionally possessing marijuana without a valid prescription will be subject to a civil penalty of no more than $25 (Sec. 1).

  • Prohibits records relating to the arrest, criminal charge, or conviction of a person for a violation of the previous highlight, from being opened for public inspection or otherwise disclosed, except for certain exceptions (Sec. 1).

  • Prohibits an employer or educational institution from requiring an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against them when the record is not open for public inspection in accordance with the civil penalty of marijuana possession (Sec. 1).

  • Prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against them when the record is not open for public inspection in accordance with the civil penalty of marijuana possession (Sec. 1).

  • Classifies a person who willfully violates either of the previous 2 highlights as guilty of a Class 1 misdemeanor for each violation (Sec. 1).

  • Specifies that if a petition has no prior criminal record and the charge was for a civil offense, the petitioner will be entitled, in the absence of good cause shown to the contrary, to expungement of the police and court records relating to the charge, and the court will enter an order of expungement (Sec. 1).

  • Requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and the Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and to report its recommendation to the General Assembly and the Governor by November 30, 2020 (Sec. 2).

Title: Establishes Provisions Decriminalizing Marijuana

Title: Establishes Provisions Decriminalizing Marijuana

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