HB 612 Virginia House of Delegates · 2022 Regular Session

Controlled substances; reduces penalties for possession.

Summary
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.The bill also provides that, for the purposes of the offense of possession of controlled substances, the term "controlled substance" does not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a usable quantity or a countable dosage unit.The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense or for an offense under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute.The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. The bill contains technical amendments.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2022
Committee Review
Floor Vote
Governor
Introduced Jan 11, 2022 Last action Feb 15, 2022
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Jan 21, 2022
Lower · Passed
Subcommittee recommends laying on the table (6-Y 2-N)
lower
Jan 20, 2022
Committee
Assigned Courts sub: Subcommittee #1
lower
Jan 11, 2022
Committee
Referred to Committee for Courts of Justice
lower
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22104205D
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Sally Hudson
Sally Hudson
DDemocratic
VA
57