RICHMOND, Va. — A bill that would allow people convicted of certain marijuana-related offenses to try and get their sentence reduced has passed in the Virginia State Senate and now awaits a vote in the House.
Marijuana Justice is one of the organizations that advocated for the bill. Chelsea Higgs Wise with Marijuana Justice said the non-profit was created two years prior to legalization in Virginia in the hopes of helping those disproportionately impacted.
“We’re really just talking about generations of loss of people that we just don’t have in our lives anymore after 50 years of marijuana prohibition is taking away literally snatching our family members,” said Higgs Wise.
Higgs Wise said part of the non-profit’s mission includes helping those specifically still incarcerated in jail or prison.
“We know that the drug war has always targeted people of color and we know in Virginia, marijuana specifically has targeted black folks 3.9 times the rate as white folks, and so that shows up in who is incarcerated as well.” Higgs Wise said. “We learned that it was over 500 people still in VA prisons that does not include the jail or folks that have community supervision.”
The group presented this data and it led to Senate bill 1523, legislation introduced by Senator Louise Lucas. Lucas introduced a similar bill that failed in the 2022 General Assembly session but submitted a new and revised version for the 2023 session.
The legislation would give those convicted of certain felony marijuana-related charges prior to July 2022 a new court hearing to possibly have their sentence reduced
“We’re really excited that this gives an opportunity for folks still inside to have their sentence reviewed and reduced,” said Higgs Wise.
The bill would also give people with enhanced sentences due to previous marijuana convictions an opportunity to petition the circuit court for a reduced sentence.
“We have to remember that we are about to legalize dispensaries to sell tons of marijuana and I don’t say that exaggerate, literal tons and our people are still inside for pounds,” Higgs Wise said.
On Tuesday, the bill passed in a 24-16 vote in the Senate. Republican Senator Amanda Chase was among those that voted against the bill.
“We are talking about a felony offense, You’ve been charged with an offense because you had five pounds, at least of marijuana on your person,” Chase said. “I believe the conviction should stand the way they are. We’re not going to be lenient on drug dealers and felons. What we need to do is help kids who maybe have a first-time offense.”
While Higgs Wise said she’s concerned about the bill getting killed in the House with a Republican majority, she’s hopeful the legislation will make it through.
“We know that the majority of folks incarcerated are Black and brown people. That means that we have a chance to bring Black and brown family members home sooner than they would be without this bill,” Higgs Wise said.
Now that the bill has passed the Senate, it will head to the House for review where its future is unknown.
