VA HB2303 | 2021 | Regular Session


Spectrum: Partisan Bill (Democrat 12-0)
Status: Introduced on January 19 2021 - 25% progression, died in committee
Action: 2021-02-05 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Introduced) [HTML]


Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a weighable quantity or a countable dosage unit. The bill contains technical amendments.

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Controlled substances; reduces penalty for possession of a Schedule I or II substance, penalties.



2021-02-05HouseLeft in Courts of Justice
2021-01-26HouseAssigned Courts sub: Criminal
2021-01-19HouseReferred to Committee for Courts of Justice
2021-01-19HousePresented and ordered printed 21102869D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
161278.9(n/a)See Bill Text
182250(n/a)See Bill Text
182251(n/a)See Bill Text
182257(n/a)See Bill Text
182477.2(n/a)See Bill Text
192188.1(n/a)See Bill Text
192392.02(n/a)See Bill Text
372314(n/a)See Bill Text
372416(n/a)See Bill Text
372506(n/a)See Bill Text
531203(n/a)See Bill Text
5413401(n/a)See Bill Text
6321721(n/a)See Bill Text
6321722(n/a)See Bill Text
6321726(n/a)See Bill Text
632901.1(n/a)See Bill Text

Virginia State Sources

Bill Comments