New Virginia laws legalize marijuana, abolish death penalty, protect absentee voting

Virginia Gov. Ralph Northam signs legislation allowing localities to establish green banks. Third from left: bill sponsor Del. Kaye Kory (Annandale).

A long list of laws passed by the Virginia General Assembly and signed by Gov. Ralph Northam are now in effect. The following laws took effect July 1 unless otherwise noted:  

Marijuana

Legal possession of up to one ounce of marijuana and home cultivation is now allowed. Limits are imposed on the dissemination of criminal history record information related to certain marijuana offenses. The law creates the Virginia Cannabis Control Authority, other oversight bodies, and establishes a regulatory and licensing structure for the cultivation, manufacture, and sale of marijuana. (House Bill 2312 and Senate Bill 1406)

Pharmaceutical processors are allowed to produce and distribute “botanical cannabis” and other cannabis products, as well as cannabis oil. The Board of Pharmacy must establish testing standards and a registration process for cannabis products. (HB 2218 and SB 1333)

Death penalty

The death penalty is abolished, including for those persons currently under a death sentence. No one may be sentenced to death or put to death on or after July 1, 2021, for any violation of law. (HB 2263 and SB 1165)

Firearms

Anyone who has been convicted of assault and battery of a family or household member is prohibited from purchasing, possessing, or transporting a firearm. The prohibition expires three years after the date of conviction. Violation is a Class 1 misdemeanor. (HB 1992)

It is a Class 1 misdemeanor to carry a firearm or explosive material within Capitol Square in Richmond and the surrounding area and into a building owned or leased by the commonwealth. (HB 2295 and SB 1381)

Voting

Various reforms are made to absentee voting processes. Election officials are required to verify the correct completion of the voter affirmation statement before the day of the election and provide absentee voters an opportunity to make corrections. Drop-off boxes must be provided for absentee ballots. Each locality must establish a central absentee voter precinct. The current law prohibiting first-time voters from voting by mail is repealed. (HB 1888)

Localities have the authority to provide in-person absentee voting on Sundays in the office of the general registrar or voter satellite office. (HB 1968) 

Firearms are prohibited within 40 feet of a polling place. (HB 2081)

The Voting Rights Act of Virginia blocks discriminatory voting practices. (HB 1890 and SB 1395)

Clean Energy

Localities are authorized to establish a “green bank” to provide financing for clean energy technologies. A green bank must be a public entity, quasi-public entity, depository bank, or nonprofit entity. (HB 1919)

A new Commonwealth Clean Energy Policy recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of residents. The policy requires the commonwealth to reduce greenhouse gas emissions to reach net-zero emissions by 2045. It also recognizes the need to promote environmental justice and prevent energy inequities in economically disadvantaged communities. (SB 1284.)

Abortion

Health insurance plans are no longer prohibited from covering abortions. (HB 1896 and SB 1276)

Animal protection

The adjudication process for dangerous dogs is revised to require an animal control officer to notify the owner that they have applied for a summons and that the owner is given 30 days before the dog has to be disposed of. Disposal of the dog cannot be carried out by any means other than euthanasia. Courts may require the implanting of electronic identification. (SB 1135)

Anyone convicted of animal cruelty is prohibited from owning or working for a pet shop, dealer, or commercial dog breeder. Pet shops must obtain a signed statement from a purchaser saying that they have never been convicted of animal cruelty. (SB 1412)

Animal testing facilities that have dogs or cats no longer needed for research must offer them for adoption. (SB 1417)

Cosmetics manufacturers are prohibited from conducting animal testing or importing or selling products developed with animal testing. This law takes effect Jan. 1, 2022. (HB 2250 and SB 1379)

Clutter

Localities can require the removal of clutter from a property or have it removed and charge the property owner for disposal. “Clutter” includes mechanical equipment, household furniture, and other items that may be detrimental to the well-being of a community when left in public view for an extended period. (HB 1778)

Driving

Drivers are required to change lanes when overtaking a bicycle when the lane of travel is not wide enough for the motor vehicle to pass at least three feet to the left of the bicycle. (HB 2262)

Alcoholic beverages 

Distillers and restaurants with ABC licenses are allowed to sell and deliver mixed beverages for off-premises consumption. (HB 1879 and SB 1299)

Public education

In cases of severe weather, school systems may declare an unscheduled remote learning day. (HB 1790 and SB 1132)

Anyone seeking licensure or a license renewal from the Board of Education must complete training in cultural competency. (HB 1904 and SB 1196)

Higher education

A new Get Skilled, Get a Job, Give Back (G3) program provides financial assistance to lower-income community college students working toward an occupation in a high-demand field. (HB 2204 and SB 1405)

Effective Jan. 1, 2022, public institutions of higher education can no longer use admissions applications that ask questions about an applicant’s criminal history. Virginia Military Institute and law schools are exempt from this requirement. (HB 1930)

Certain colleges are directed to identify and annually memorialize to the extent possible all enslaved individuals who worked on the property and provide a scholarship or other assistance to a community with a connection to slavery. The program applies to Longwood University, the University of Virginia, Virginia Commonwealth University, Virginia Military Institute, and the College of William and Mary. (HB 1980)

Students eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance, as anyone else eligible for in-state tuition. This law takes effect Aug. 1, 2022. (HB 2123 and SB 1387)  

Housing

Provisions enacted during the 2020 special session to the Virginia Residential Landlord and Tenant Act are extended from July 2, 2021, to July 1, 2022. The provisions give tenants more time to pay rent (14 days) before an eviction notice is issued. Landlords are required to offer a payment plan. (HB 1889)

Condominium associations are permitted to set rules prohibiting smoking in common areas and dwelling units. (HB 1842)

Labor and employment

Healthcare providers who die or are disabled due to COVID-19 are covered under the Workers’ Compensation Act. (HB 1985)

First responders who die or are disabled due to COVID are covered under the Workers’ Compensation Act. (HB 2207 and SB 1375)

Domestic service workers must be covered under employee protection laws. (HB 2032)

Immigrants 

The personal information of undocumented Virginians who apply for a driver privilege card is protected. This law also limits data sharing with ICE. (HB 2163)

Environmental protection

Certain chain restaurants are prohibited from using single-use polystyrene food containers, as of July 1, 2023. The law is expanded to all food vendors as of July 1, 2025. (HB 1902)

The intentional release of one or more balloons outdoors by anyone age 16 or older is banned. (HB 2159)

Technology 

Local law enforcement agencies and campus police departments are prohibited from using facial recognition technology. (HB 2031)

Criminal justice

A new law creates degrees of punishment corresponding to the severity of a robbery offense. A person who commits a robbery and causes serious bodily injury to or the death of another person is guilty of a Class 2 felony. Any person who commits robbery by using or displaying a firearm in a threatening manner is guilty of a Class 3 felony. (HB 1936)

Anyone with a sexually transmitted disease who engages in sexual behavior and intentionally transmits the infection to another person is guilty of infected sexual battery, punishable as a Class 6 felony. (SB 1138)

A process is established for the automatic sealing of police and court records for certain convictions, deferred dispositions, and acquittals. (HB 2113 and SB 1339) 

Statewide pretrial data must be collected and reported. (HB 2201 and SB 1310)

Domestic relations

A new Uniform Collaborative Law Act provides a framework for voluntarily reaching a settlement in a family or domestic relations law matter, including marriage, divorce, annulment, property distribution, child custody, visitation, alimony, spousal and child support, adoption, and negotiation of separation agreements. (HB 1852)

A parent who has reason to expect detention, incarceration, or deportation can petition the court for approval of a standby guardian for a minor child. (SB 1184)

Route 1

The name of U.S. Route 1 is changed from Jefferson Davis Highway to Emancipation Highway. (HB 2075)