Del. Patrick Hope

Preventive services; coverage for outpatientmental health screenings or visits. Requires a health carrierto provide coverage as a preventive service for at least six annualtherapy or counseling outpatient screenings or visits with a licensedmental health professional for the early detection or preventionof mental illness. Health carriers are prohibited from imposing any cost-sharing requirements for mandated preventive services.

Smoking in multi-unit residential building;civil penalty. Prohibits smoking in any multi-unit residentialbuilding, including a condominium building or apartment building.A person who violates such prohibition is subject to a civil penaltyof not more than $25, to be paid into the Virginia Health Care Fund.

Registration of tobacco products retailers; purchase, possession, and sale of tobacco products; penalties. The bill prohibits any person from selling any tobacco product at retail (i) without first obtaining a permit from the Department of Taxation and (ii) at a location within 1,000 feet of a youth-oriented facility, defined in the bill. The bill prohibits Internet sales of tobacco products, except to a permit-holding retailer, and prohibits the sale of tobacco products from vending machines. The bill imposes civil penalties of up to $1,500 for selling tobacco products without a permit and up to $2,000 for selling tobacco products to persons under age 21. Permits would be subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit.The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, purchase, or possess tobacco products by persons younger than 21 years of age.The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is a civil penalty of $500 for a first offense, a civil penalty of $1,000 for a second offense, and a civil penalty of $2,500 and a suspension or revocation of such establishment's distributor's license for a third or subsequent offense, regardless of the type of tobacco product. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, a civil penalty of $200 for a second offense, and a civil penalty of $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. Finally, the bill requires agents of the Virginia Alcoholic Beverage and Control Authority to conduct a minimum number of two compliance checks each year on any retailer selling tobacco products and to use a person younger than 21 years of age to conduct such checks.

Possession of marijuana. Allows for possession of small amounts of marijuana for personal use.

Marijuana; legalization of simple marijuanapossession; penalty. Eliminates criminal penalties for possessionof marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 yearsof age and provides a civil penalty of no more than $50 for a firstviolation, $100 for a second violation, and $250 for a third or subsequentviolation. Under current law, a first offense is punishable by amaximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies severalother criminal penalties related to marijuana. The bill establishesa regulatory scheme for the regulation of marijuana cultivation facilities,marijuana manufacturing facilities, marijuana testing facilities,and retail marijuana stores by the Board of Agriculture and ConsumerServices. The bill imposes a tax on retail marijuana and retail marijuanaproducts sold by a retail marijuana store at a rate of 9.7 percent(for a total sales tax of 15 percent) and provides that 67 percentof the revenues collected from the tax be deposited into the generalfund and 33 percent of the revenues be deposited into a "Retail MarijuanaEducation Support Fund" to be used solely for purposes of public education.

Flavored tobacco products; sale prohibited; civil penalty. Prohibits the sale, distribution, offering for sale or distribution, or causing the sale or distribution of flavored tobacco products, as that term is defined in the bill, and imposes a civil penalty not to exceed $500 for the first violation, $1000 for a second violation, $1,500 for a third violation, and $2,000 for the fourth or subsequent violation. The bill also provides that, in addition to the civil penalties, a third violation is punishable by suspension of a permit as a stamping agent for a period of 15 days, and a fourth or subsequent violation is punishable by revocation of a permit as a stamping agent and a prohibition on reapplication for a permit to act as a stamping agent for a period of three years.

Historical African American cemeteries; City of Chesapeake. Adds one cemetery in Chesapeake to the list of cemeteries for which qualified organizations may receive funds from the Department of Historic Resources for the care of historical African American cemeteries and graves. The cemetery is Cuffeytown Cemetery, containing 52 eligible graves. This bill was incorporated into HB 1523.

Department of Criminal Justice Services; criminal cases; data collection and reporting standards; report. Requires the Department of Criminal Justice Services (the Department) to create uniform reporting mechanisms for appropriate criminal justice agencies in every locality to collect data relating to criminal defendants, alleged criminal offenses, bail determinations, and sentencing in criminal cases in the Commonwealth. The bill provides that collected data shall be disaggregated by locality and by individual and that in order to maintain anonymity of the individual, localities shall use a unique identifier to identify each individual. The bill sets out the minimum data the Department is required to collect. The bill requires the Department to submit an annual report on the data collected to the Governor and the General Assembly on or before December 31 and requires that the annual report be posted on the General Assembly's and the Department's website.

Taxes on tobacco products; penalties. Provides that tobacco products, defined in the bill, would be subject to tax at rates of $1.80 per pack of cigarettes or 39 percent of the wholesale price for all other tobacco products. Current law imposes taxes of $0.30 per pack of cigarettes, 10 percent of the wholesale price of certain tobacco products, and various weight-based rates that apply to moist snuff and loose leaf tobacco. The bill broadens the definition of "tobacco product" to include electronic smoking devices, which are not taxed under current law. The bill authorizes all localities to tax all tobacco products with no restriction on the tax rate. Under current law, cities may tax only cigarettes, and the Counties of Arlington and Fairfax may tax cigarettes at a rate no higher than the state rate. The bill dedicates portions of revenue accruing as a result of the tax increases and new taxes established by the bill to the Department of Health for its costs related to Quit Now Virginia for the purpose of providing free information and coaching to residents who want to quit smoking or using tobacco; to the Virginia Foundation for Healthy Youth to fund initiatives to prevent or reduce youth tobacco use; to the Department of Behavioral Health and Developmental Services to fund initiatives to educate merchants on the laws governing the sale of tobacco products; and to the general fund.

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana. This bill was incorporated into HB 972.