Legislation allows automatic court hearings for eligible marijuana convictions, gives Virginia courts the power to reduce or modify outdated cannabis sentences
There has been a lot of talk in the cannabis world this past week about Virginia’s landmark marijuana resentencing legislation (along with this setback on the recreational side of things). One of the most interesting perspectives came from the Last Prisoner Project, a national nonprofit dedicated to freeing people incarcerated for cannabis offenses.
Below is the group’s media release applauding Gov. Abigail Spanberger for signing SB 62/HB 26 into law, culminating a “multi-year push by Last Prisoner Project and partners to deliver relief to people serving outdated cannabis sentences.”
For years, Last Prisoner Project has worked with Virginia lawmakers, advocates, and directly impacted people to advance sentencing reform that gives courts the power to revisit cannabis sentences that no longer reflect current law. With Governor Spanberger’s signature, the new law guarantees automatic court hearings for eligible marijuana convictions, empowers judges to reduce or modify sentences that no longer reflect current law, and extends relief to people who are still incarcerated, under supervision, or adjudicated as juveniles.
“Justice in Virginia moved forward today, and it’s because of Governor Spanberger’s leadership and the advocates, families, and communities who refused to let this issue be ignored,” said Stephanie Shepard, Executive Director of Last Prisoner Project. “I served a ten-year sentence in federal prison for a first-time, nonviolent cannabis offense. I know what it means to lose birthdays, holidays, and everyday moments with the people you love because of outdated cannabis policies. This new law will give eligible Virginians a real chance for justice in the state’s legal system. LPP will continue working with partners, families, and constituents to make sure this law delivers meaningful relief.”
Under the new resentencing framework, eligible individuals with cannabis-related convictions can receive a court hearing to consider sentence modification. Depending on the circumstances, a court may suspend the unserved portion of a sentence, adjust how the remaining time is served, place an individual on probation, or otherwise modify the sentence for eligible cannabis-related offenses.
The legislation also expands who can qualify for relief, including certain individuals adjudicated as juveniles and people who remain under state supervision. Last year, Virginia lawmakers advanced legislation focused on clearing criminal records, streamlining state-initiated expungements, and sealing certain ancillary records tied to cannabis charges and arrests.
In 2025, Governor Glenn Youngkin vetoed a similar LPP-designed sentence modification bill. In her Virginia Mercury op-ed on the issue, Shepard highlighted that the veto denied relief and potential freedom to more than 1,840 people still incarcerated or under state supervision for cannabis-related offenses.
Across multiple legislative cycles, Last Prisoner Project has provided testimony, technical feedback, and direct policy support to help keep resentencing reform on the agenda and move it closer to enactment.
Last Prisoner Project thanks partner organizations and key General Assembly members involved in passing this legislation, including Marijuana Justice Virginia, NoLef Turns, Justice Forward Virginia, Senators Louise Lucas, Emily Jordan, Scott Surovell, and Angelia Williams Graves, and Delegate Rozia Henson, Jr., and all the patrons who have supported this effort over multiple legislative sessions.
Governor Spanberger’s signature marks a milestone for the Virginians and families harmed by outdated cannabis convictions. Last Prisoner Project will continue working to ensure this law delivers meaningful relief and brings families closer to reunification.
More at lastprisonerproject.org
