In 2021, Virginia became the 17th state to legalize adult-use cannabis. This was a watershed moment, as it is the first Southern state to repeal prohibition. Though Virginia did include some automatic record clearance provisions in its legalization bill, it unfortunately did not succeed in providing a retroactive resentencing process. Virginians are still in prison for behavior the state has changed its position on criminalizing, and there is currently no pathway in Virginia to provide an opportunity for cannabis-related sentences to be reevaluated in light of legalization.
An example of this fundamental injustice is the case of Bryan Reid, a father of four who is currently serving a 12-year sentence at Coffeewood Correctional Center in Mitchells, VA for possession with intent to distribute cannabis. Byan’s only priors are for nonviolent drug offenses. Bryan currently has no legal mechanism to ask the court to reconsider his excessive sentence in light of legalization. Like too many other Virginians, Bryan continues to be separated from his family for behavior that the Commonwealth now views differently.
The Last Prisoner Project’s policy team has been working with Virginia legislators, community advocates, and justice system practitioners to ensure that individuals have an opportunity for their cannabis-related sentences to be reduced in light of legalization. Through LPP’s advocacy, the Virginia Senate passed SB 745 earlier this month,
a bill that creates an automatic hearing process for cannabis-related resentencing. SB 745 contemplates the strongest cannabis resentencing process to clear any state legislative chamber so far, and enjoys bipartisan support. LPP’s policy team was also successful in seeing the resentencing policy added to SB 1406, the major cannabis bill that passed the Senate this month. Both bills are now in the Virginia House.
The Virginia General Assembly will wrap up in mid-March. Every day that passes without cannabis resentencing is another day that people are unjustly separated from their families and their freedom. Without a resentencing process, Virginia’s legalization program will be more focused on creating profits than being accountable to the origins of prohibition in the first place.
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