On Monday, a Virginia Senate committee rejected a proposal that would have allowed law enforcement to use the odor of marijuana as probable cause to search and advanced legislation that would seal criminal records pertaining to simple marijuana possession. As part of the new legislation, the state would revise its record-sealing process around cannabis paraphernalia crimes.
The Senate Courts of Justice Committee voted to pass the odor bill 8-6, while the record-sealing bill was approved in a 9-3 vote, with two members abstaining. The next step for the record-sealing bill is the Finance and Appropriations Committee.
The Purpose Behind the Record-Sealing Law
Senator Scott Surovell (D), the sponsor of the record-sealing bill, argued that Virginia’s existing laws did not provide sufficient relief for marijuana possession, which is now legal in the state. Of the bill, he said that it “ensures that all possession of marijuana charges will actually be sealed.”
“The way the legislation that’s currently on the books works is a marijuana conviction or charge is only sealed if it appears in the [Central Criminal Records Exchange] (CCRE),” Surovell continued, “which is basically like hardly anything. [Most people], when they’re hit for marijuana, get charged by summons. They don’t get arrested or fingerprinted.”
The bill (SB 1146) initially appeared alongside a companion bill (HB 2723) from Representative Charniele Herring (D) in the House of Delegates. Together, they would require any charges related to marijuana possession to be “sealed without the entry of a court order.”
This includes “things like if you have a suspended sentence, probation, parole violations, contempt of court violations, failures to appear in bond trials—those ancillary matters will be sealed,” Surovell said.
Of course, the provision would not apply to certain Department of Motor Vehicle records related to federal record retention requirements. Regardless, if the decision goes through, it would be a big step forward for marijuana activists.
Rejecting the Odor Bill Reflects Consistent Progress
Contrasting the forward progress of SB 1146 was SB 947, the aforementioned odor bill which was passed by the Senate committee on Monday. The measure sought to undo an earlier decision concerning the smell of marijuana.
“In 2021,” JM Pedini of the NORML advocacy group told Marijuana Moment, “a Virginia law took effect prohibiting police from stopping, searching, or seizing any person, place, or thing based solely on the odor of cannabis. Every year since, Virginia Republicans have attempted to roll back this progress.”
“Repealing this law would bring back the rampant claims of ‘I smell marijuana’ used as justification for traffic stops and searches,” Pedini continued. “Cannabis is legal in Virginia for medical use and for adults 21 and older. Those lawfully possessing cannabis ought not be subject to stops and searches based solely on its odor, and wisely, the committee once again rejected this effort.”
The Remaining Issue of Governor Youngkin’s Vetoes
Although progress has been made concerning marijuana use in Virginia and Senate committees continue to favor positive changes concerning this issue, the state’s Governor, Glenn Youngkin (R), has consistently vetoed similar laws. He already vetoed a bill that would have provided resentencing relief for those convicted of past cannabis crimes, a commercial legalization measure, as well as several other minor cannabis measures, and has stated that he has no interest in legalizing retail marijuana sales.
“We’ve got one more year of Youngkin,” said Jason Blanchette, President of the Virginia Cannabis Association, noting that the governor’s term would end next year, “and then if we can get [a legal sales bill out] out, get it on his desk, that’ll be two times the Democrats have gotten the exact same bill through. The feeling is that’ll set some very strong precedent for the next governor.”
