GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 455, which relates to the possession of an item containing residue of a controlled substance.

This bill empowers Commonwealth attorneys to request a reduction in criminal charges for possession of a controlled substance if the amount in question constitutes residue. The Commonwealth had a staggering 2,490 drug overdose deaths in 2022, tearing apart families and communities while fueling crime and violence.

Reducing charges for possession of controlled substances undermines the seriousness of drug offenses. The proposal will lead to the public’s perception that possession of residue of a scheduled drug such as cocaine or heroin is not a serious offense, akin to underage alcohol possession. Such perception would hinder our efforts to combat drug crises, such as the opioid epidemic.

Finally, law enforcement and prosecutors already have discretion in charging decisions, allowing for consideration of individual circumstances. The proposal’s additional discretion will lead to inconsistent enforcement and legal confusion.

Virginia must remain steadfast in its efforts to combat drug abuse and its devastating consequences.  

Accordingly, I veto this bill.