SB 12 Virginia Senate · 2026 Regular Session

Issuing citations; certain traffic offenses and odor of marijuana, exclusion of evidence.

Summary

Issuing citations; certain traffic offenses and odor of marijuana; exclusion of evidence. Removes provisions prohibiting a law-enforcement officer from stopping a motor vehicle for operating (i) with an expired registration sticker prior to the first day of the fourth month after the original expiration date; (ii) with defective and unsafe equipment; (iii) without tail lights, brake lights, or a supplemental high mount stop light; (iv) without lighted headlights displayed when so required; (v) with certain tinting films, signs, posters, stickers, or decals; (vi) with objects or other equipment suspended so as to obstruct the driver's view; or (vii) with an expired inspection prior to the first day of the fourth month after the original expiration date, as well as the accompanying exclusionary provisions. The bill also authorizes a law-enforcement officer to lawfully stop, search, or seize a person, place, or thing or a search warrant to be issued based solely on the odor of marijuana if such odor creates a reasonable suspicion of a violation of the law prohibiting driving while intoxicated.

Bill status in committee 1 of 4 stages cleared

Introduction

Nov 2025

Committee Review

Floor Vote

Governor

Introduced Nov 17, 2025 Last action Jan 26, 2026

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What changed between versions

Introduced → Courts of Justice Substitute · 5 edits

MODERATE

This bill was amended from its original introduced version to a substitute version proposed by the Senate Committee for Courts of Justice. The primary change is a significant reduction in the scope of the legislation, removing amendments to several traffic-related sections that would have restricted law enforcement stops and evidence admissibility. The substitute version now only addresses four sections instead of the original ten, focusing specifically on marijuana odor searches, defective equipment, tail lights, and brake lights.

Scope change

The bill's scope was substantially narrowed. The original version would have amended ten different Code of Virginia sections covering various traffic violations, while the substitute version only amends four sections. Several sections related to vehicle registration, lighting requirements, tinting films, vehicle inspections, and warning lights were removed from the amendment list.

SCOPE

Removed amendments to sections 46.2-646 (vehicle registration expiration), 46.2-1052 (window tinting films), 46.2-1054 (obstructed driver's view), and 46.2-1157 (vehicle inspection requirements) from the bill's scope.

ENFORCEMENT

Eliminated provisions that would have prohibited law enforcement officers from stopping vehicles for violations related to vehicle registration, window tinting, obstructed views, and inspection stickers, along with corresponding evidence exclusion rules.

The marijuana odor search provision (section 4.1-1302) remains unchanged, maintaining the ban on stops based solely on marijuana odor with corresponding evidence exclusion, except in airports, commercial vehicles, or when reasonable suspicion of other crimes exists.

The defective equipment (46.2-1003), tail lights (46.2-1013), and brake lights (46.2-1014) sections remain in the bill with their enforcement restrictions intact, though some formatting and section numbering adjustments were made in the substitute version.

TECHNICAL

The document format changed from an 'Introduced' bill to a 'Courts of Justice Substitute' amendment, with updated header information and page numbering, but the substantive policy content of the retained sections remained consistent.

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Full legislative history

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Key actions

Committee

Jan 26, 2026

Upper · Passed

Senate committee offered

upper

Nov 17, 2025

Committee

Referred to Committee for Courts of Justice

upper

1 primary · 1 co-sponsor