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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
SB 2 Marijuana; definitions, possession and consumption, civil penalties, report.
Introduced by: Adam P. Ebbin | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana shall be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. However, the bill states that if a violation occurs while an individual is operating a commercial motor vehicle, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual's driving record. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates SB 815 and is identical to HB 972.
FULL TEXT
- 11/18/19 Senate: Prefiled and ordered printed; offered 01/08/20 20100705D pdf | impact statement
- 01/29/20 Senate: Committee substitute printed 20106511D-S1 pdf
- 02/11/20 Senate: Printed as engrossed 20106511D-ES1 pdf | impact statement
- 02/19/20 House: Committee substitute printed 20108640D-H1 pdf
- 02/21/20 House: Committee substitute printed 20108848D-H2 pdf | impact statement
- 03/05/20 Senate: First Conference substitute printed 20109521D-S2 pdf | impact statement
- 03/07/20 Senate: Second Conference substitute printed 20109965D-S3 pdf
- 03/18/20 Senate: Bill text as passed Senate and House (SB2ER) pdf | impact statement
- 04/22/20 Senate: Reenrolled bill text (SB2ER2) pdf
- 05/21/20 Governor: Acts of Assembly Chapter text (CHAP1286) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments not adopted
- Conference amendments
- Governor's recommendation
HISTORY
- 11/18/19 Senate: Prefiled and ordered printed; offered 01/08/20 20100705D
- 11/18/19 Senate: Referred to Committee on the Judiciary
- 01/08/20 Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name
- 01/16/20 Senate: Assigned Judiciary sub: Criminal Law
- 01/29/20 Senate: Reported from Judiciary with substitute (10-Y 3-N)
- 01/29/20 Senate: Incorporates SB815 (Morrissey)
- 01/29/20 Senate: Committee substitute printed 20106511D-S1
- 01/29/20 Senate: Rereferred to Finance and Appropriations
- 02/06/20 Senate: Reported from Finance and Appropriations (12-Y 3-N)
- 02/10/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/11/20 Senate: Read second time
- 02/11/20 Senate: Reading of substitute waived
- 02/11/20 Senate: Committee substitute agreed to 20106511D-S1
- 02/11/20 Senate: Reading of amendment waived
- 02/11/20 Senate: Amendment by Senator Surovell rejected
- 02/11/20 Senate: Reading of amendment waived
- 02/11/20 Senate: Amendment by Senator Ebbin agreed to
- 02/11/20 Senate: Engrossed by Senate - committee substitute with amendment SB2ES1
- 02/11/20 Senate: Printed as engrossed 20106511D-ES1
- 02/11/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/20 Senate: Passed Senate (27-Y 13-N)
- 02/14/20 House: Placed on Calendar
- 02/14/20 House: Read first time
- 02/14/20 House: Referred to Committee for Courts of Justice
- 02/19/20 House: Reported from Courts of Justice with substitute (12-Y 8-N)
- 02/19/20 House: Committee substitute printed 20108640D-H1
- 02/19/20 House: Referred to Committee on Appropriations
- 02/21/20 House: Reported from Appropriations with substitute (16-Y 6-N)
- 02/21/20 House: Committee substitute printed 20108848D-H2
- 02/25/20 House: Read second time
- 02/26/20 House: Read third time
- 02/26/20 House: Passed by temporarily
- 02/26/20 House: Committee on Courts of Justice substitute rejected 20108640D-H1
- 02/26/20 House: Committee on Appropriations substitute agreed to 20108848D-H2
- 02/26/20 House: Engrossed by House - committee substitute SB2H2
- 02/26/20 House: Passed House with substitute (63-Y 35-N)
- 02/26/20 House: VOTE: Passage (63-Y 35-N)
- 02/26/20 Senate: House substitute rejected by Senate (1-Y 38-N)
- 02/26/20 House: House insisted on substitute
- 02/26/20 House: House requested conference committee
- 02/26/20 Senate: Senate acceded to request (40-Y 0-N)
- 02/27/20 Senate: Conferees appointed by Senate
- 02/27/20 Senate: Senators: Ebbin, Morrissey, Stanley
- 02/27/20 House: Conferees appointed by House
- 02/27/20 House: Delegates: Herring, Heretick, Collins
- 03/05/20 Conference: Amended by conference committee
- 03/05/20 Senate: First Conference substitute printed 20109521D-S2
- 03/05/20 House: Conference report agreed to by House (58-Y 38-N)
- 03/05/20 House: VOTE: Adoption (58-Y 38-N)
- 03/05/20 House: Reconsideration of conference report agreed to by House
- 03/05/20 House: Conference report agreed to by House (61-Y 37-N)
- 03/05/20 House: VOTE: Adoption #2 (61-Y 37-N)
- 03/07/20 Senate: Conference report rejected by Senate (2-Y 38-N)
- 03/07/20 Senate: Senate requested second conference committee (26-Y 14-N)
- 03/07/20 House: House acceded to request for second conference committee
- 03/07/20 House: Second conferees appointed by House
- 03/07/20 House: Delegates: Herring, Heretick, Collins
- 03/07/20 Senate: Second conferees appointed by Senate
- 03/07/20 Senate: Senators: Ebbin, Morrissey, Stanley
- 03/07/20 Senate: Second Conference substitute printed 20109965D-S3
- 03/08/20 Senate: Conference report agreed to by Senate (27-Y 12-N)
- 03/08/20 House: Conference report agreed to by House (57-Y 33-N)
- 03/08/20 House: VOTE: Adoption (57-Y 33-N)
- 03/18/20 Senate: Enrolled
- 03/18/20 Senate: Bill text as passed Senate and House (SB2ER)
- 03/18/20 Senate: Signed by President
- 03/19/20 House: Signed by Speaker
- 03/20/20 Senate: Enrolled Bill Communicated to Governor on March 20, 2020
- 03/20/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/11/20 Senate: Governor's recommendation received by Senate
- 04/22/20 Senate: Senate concurred in Governor's recommendation's #'s 1-5 and 7-16 (26-Y 14-N)
- 04/22/20 Senate: Senate rejected Governor's recommendation #6 (6-Y 34-N)
- 04/22/20 Senate: Senate rejected Governor's recommendation #17 (5-Y 35-N)
- 04/22/20 House: Passed by temporarily
- 04/22/20 House: House concurred in Governor's recommendation #'s 1-5 and 7-16 (56-Y 37-N)
- 04/22/20 House: VOTE: (56-Y 37-N)
- 04/22/20 Governor: Governor's recommendation adopted in-part
- 04/22/20 Senate: Reenrolled
- 04/22/20 Senate: Reenrolled bill text (SB2ER2)
- 04/22/20 Senate: Signed by President as reenrolled
- 04/22/20 House: Signed by Speaker as reenrolled
- 04/29/20 Senate: Reenrolled Bill Communicated to Governor on April 29, 2020
- 04/29/20 Governor: Governor's Action Deadline 11:59 p.m., May 22, 2020
- 05/21/20 Governor: Approved by Governor-Chapter 1286 (effective 7/1/20)
- 05/21/20 Governor: Acts of Assembly Chapter text (CHAP1286)