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Virginia Senate passes bill to allow expungement of first marijuana charge
Posted by: Virginia Senate passes bill to a ()
Date: February 14, 2018 05:23PM

Virginia NORML cannot support the passage of this bill as drafted. This legislation simply codifies the existing first time offender’s program and maintains all of its exiting punitive measures. It then creates an Opioid Fund and an additional $300 fee that defendants must pay into such fund, and a Marijuana Offender Registry to track first-time offenses. The bill does provide a method for expunging the first-time offense from one’s record for another $150 fee, providing a defendant knows how to navigate the expungement process.

This is not what the overwhelming majority of Virginians favor for marijuana possession. Over ¾ of Virginians prefer #FinesNotCrimes for simple possession. Passage of this law will likely stall any attempts at decriminalization for the foreseeable future. This does not “make a substantial step forward,” as Senator Norment claims. This legislation is drafted to cater to defendants who can afford additional fines and attorneys to file for expungement, not to those who are typically charged with possession.

We applaud Senators Ebbin and Petersen for just saying NO to bad public policy.


Virginia Senate passes bill to allow expungement of first marijuana charge

The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
http://www.richmond.com/news/virginia/government-politics/general-assembly/virginia-senate-passes-bill-to-allow-expungement-of-first-marijuana/article_71b80290-d41b-5a7b-824b-d5386e5d477a.html

The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.

The vote on Senate Bill 954 by Sen. Tommy Norment, R-James City, was 38-2. Sen. Adam Ebbin, D-Alexandria, said he opposed the bill because it did nothing to stop the racially disparate criminal enforcement of marijuana laws, and he cited public opinion polls saying people no longer want marijuana possession prosecuted as a crime.

Norment acknowledged his measure was not a decriminalization bill, but said it “makes a substantial step forward.”

Norment disappointed advocates for marijuana reform earlier this year when he changed his position on decriminalization. Norment had said he would push for a bill this session to decriminalize small amounts of marijuana, but said he changed his mind because such a bill had no chance of passing in the House.

His expungement bill would allow someone to defer a finding on a charge and be found not guilty if the person remains drug free and does community service, Norment said.

The expungement fee would be used for Virginia State Police to maintain a database of those who had charges expunged, so prosecutors and courts could stop someone from using that benefit more than once.

Revenue collected would also go to educational efforts to prevent opioid abuse.

Initially, Norment’s legislation would have required additional money in the budget for the database, but he said Monday that the fees paid by those charged will cover the costs of it.

A poll released this month by the Wason Center for Public Policy at Christopher Newport University showed 76 percent of Virginians support decriminalization of possession of small amounts of marijuana.

The Senate on Monday also passed Senate Bill 334 by Sen. Mark Peake, R-Lynchburg, which would allow someone charged with underage alcohol possession to seek expungement of the charge once turning 21.

Additionally, the Senate passed Senate Bill 403 from Sen. Ryan McDougle, R-Hanover, that creates an expungement process for underage alcohol and marijuana charges five years after a sentence and probation have been completed.

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Virginia Senate passes bill that would expunge first marijuana charge
http://www.wmdt.com/news/virginia/virginia-senate-passes-bill-that-would-expunge-first-marijuana-charge/701176538


VIRGINIA - The state of Virginia is looking to reduce penalties for people charged with possession of marijuana.

If passed, Senate Bill 954 would make the first offense a maximum fine of 500 dollars. The way the law currently stands a charge can result in up to 30 days in jail.

The bill would allow the first offense to be eligible for expungement, but that is if the person charged pays a 150 dollar fee.

Revenue from these fees would go towards educating and preventing opioid abuse. The piece of legislation has made it out of the senate and must pass the House before it goes to the governor.


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Marijuana-related bills in the 2018 Virginia General Assembly
The following marijuana-related bills have been filed for the 2018 Virginia General Assembly legislative session. This page will be updated regularly. Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at director@virginianorml.org or 804-464-7050 M-F 9-6.

http://www.vanorml.org/2018_legislation

TAKE ACTION
http://www.vanorml.org/act

Virginia Action Alerts:
URGENT: Expand Patient Access to Medical Cannabis: Let Doctors Decide
http://norml.org/action-center/item/virginianorml-let-doctors-decide

Virginia: Expand State’s Medical Cannabis Law
http://norml.org/action-center/item/virginianorml-let-doctors-decide



Federal Priorities:
Priority: Tell Congress to Reject Jeff Session's Reversal of the Cole Memo
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in

MJ Justice: The Marijuana Justice Act of 2017 Introduced
http://norml.org/action-center/item/the-marijuana-justice-act-of-2017-introduced

Caucus: Tell Your Congressional Representative: Join the Cannabis Caucus
http://norml.org/action-center/item/tell-your-congressional-representative-join-the-cannabis-caucus

Jeff Sessions Is Targeting Marijuana – It’s Time For Congress To Step In
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in

Protect Our Progress: Bipartisan Leaders Reintroduce the Respect State Marijuana Laws Act
http://norml.org/action-center/item/federal-bipartisan-leaders-reintroduce-the-respect-state-marijuana-laws-act

Timely (Budget Process): Tell Your Elected Officials To Protect Lawful Medical Marijuana Programs From Attorney General Jeff Sessions
http://norml.org/action-center/item/federal-protect-lawful-medical-marijuana-programs

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