amendments proposed to the cannabis legislation by Gov. Abigail Spanberger (D)<\/a> on Monday, however, affected persons would have to proactively file petitions to get the relief instead of having the courts proceed automatically.<\/p>\nHenson said on Tuesday that his legislation was \u201cbuilt for the people still paying the price for something Virginia has since made legal.\u201d<\/p>\n
\u201cIf the commonwealth changed the law, it has an obligation to revisit the consequences still being borne by people convicted under the old one,\u201d he said.<\/p>\n
The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.<\/p>\n
Under the bill as approved by lawmakers, state and local corrections officials would have been required to identify and notify eligible people of their rights for resentencing relief and then work with courts to schedule hearings automatically<\/p>\n
\u201cNo one would fall through the cracks simply because they lacked a lawyer or did not know to ask,\u201d Henson said. \u201cThe amendment shifts that entire burden onto individuals navigating incarceration or active supervision; often without the information or resources to file a petition on their own.\u201d<\/p>\n
The governor\u2019s office claimed in a press release that her amendments \u201cclarify that under no circumstances would reconsideration be allowed for violent offenses that remain illegal in Virginia\u2014from armed burglary to firearm possession to distribution of fentanyl, heroin, and other dangerous drugs.\u201d<\/p>\n
Henson said he shares \u201cthe governor\u2019s commitment to ensuring that violent offenders are not eligible for this relief; and that commitment is reflected in the bill itself, which already excluded individuals convicted of acts of violence under Virginia law.\u201d<\/p>\n
\u201cWe are aligned on that principle,\u201d he said. \u201cWhat I continue to believe, however, is that this amendment changes something else entirely: whether the people who do qualify will have to find their own way to the courthouse door.\u201d<\/p>\n
Spanberger\u2019s release did not make any mention of her major actual change to the bill, which is to remove its provisions for automatic relief for people with cannabis convictions.<\/p>\n
Despite the disagreement, the lawmaker said he is willing to accept the governor\u2019s amendment.<\/p>\n
\u201cA petition pathway is a real pathway, and I am not willing to let the perfect be the enemy of the good when people\u2019s freedom is at stake,\u201d Henson said. \u201cBut acceptance is not the same as agreement.\u201d<\/p>\n
\u201cThe communities most harmed by decades of marijuana enforcement deserve a process that meets them where they are; not one that requires them to navigate the legal system alone while still behind bars. I will be working to ensure that legal aid organizations, public defenders, and community groups have the resources they need to help eligible individuals access the relief this law provides. To every Virginian still carrying the weight of a marijuana conviction; and to every family that has watched a loved one remain incarcerated for something Virginia has since made legal; I want you to know that this moment is not the end of the fight, it is proof that the fight is working. Change is hard and it is rarely as fast or as complete as it should be, but we are moving forward.\u201d<\/p>\n