Virginia’s marijuana laws have changed dramatically over the past several years, but many people are still living with convictions and sentences that were handed down long before those changes took effect. For some individuals, those older cases continue to affect their freedom, employment opportunities, and future, even though Virginia’s approach to marijuana offenses has evolved.

A new law taking effect in 2026 gives certain people with older felony marijuana convictions the opportunity to ask the court to reconsider their sentences. The law does not apply to every marijuana conviction, and it does not automatically reduce or eliminate a sentence. It does create a new opportunity for eligible individuals whose cases were resolved before Virginia’s marijuana laws changed.

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What Changed for Felony Marijuana Convictions Before July 1, 2021?

Before this legislation, people convicted of felony marijuana offenses generally remained subject to the sentences originally imposed by the court, even after Virginia legalized personal marijuana possession. While the law changed for future conduct, many individuals serving sentences for older offenses saw little benefit from those changes.

The new legislation allows judicial review for certain felony marijuana convictions and probation violations involving marijuana offenses committed before July 1, 2021. Rather than leaving every previously imposed sentence untouched, eligible individuals may now ask the court to determine whether their sentence should be reconsidered under Virginia’s current marijuana laws.

Does Every Old Marijuana Conviction Qualify for Sentence Review?

No. One of the biggest misunderstandings surrounding the new law is that every marijuana conviction will automatically be reduced or dismissed. The legislation applies only to certain felony marijuana convictions and qualifying probation violations tied to offenses committed before July 1, 2021.

Whether someone qualifies depends on the facts of the original case and the specific requirements established by the new law. Some people may be eligible for judicial review, while others may not qualify at all. Because eligibility varies from case to case, reviewing the details of the conviction is an important first step.

Can a Judge Reduce a Marijuana Sentence Under Virginia’s New Law?

Potentially, yes. The purpose of judicial review is to allow the court to evaluate whether an eligible sentence should be reconsidered in light of Virginia’s current marijuana laws. That does not mean every qualifying case will receive a reduced sentence, and it does not guarantee any particular outcome.

Each petition is evaluated on its own facts, and the court retains discretion when deciding whether relief is appropriate. Factors surrounding the original conviction, the sentence imposed, and the individual’s circumstances may all become part of the court’s review.

What if a Probation Violation Was Related to a Marijuana Offense?

The new legislation may also apply to certain probation violations connected to qualifying marijuana offenses committed before July 1, 2021. Since probation violations often involve unique legal issues, determining eligibility requires more than simply looking at the date of the violation itself. The relationship between the probation violation and the original marijuana offense may affect whether judicial review is available.

Many people assume that because their case involved probation, they no longer have any legal options. In some situations, that assumption may not be accurate under the updated law. Taking a closer look at the facts of your case may reveal opportunities that were not previously available.

How Do You Find Out if You’re Eligible for Marijuana Sentence Review in Virginia?

The only way to know whether you qualify is to carefully review your criminal history, the original conviction, and the specific requirements of the new legislation. Since this law applies only to certain felony marijuana convictions and related probation violations, eligibility is highly fact-specific. Relying on general information online or assuming the law applies to everyone can lead to unnecessary confusion.

Inch Law can evaluate your case, explain whether you may qualify for judicial review, and determine whether other forms of post-conviction relief may also be available. Every situation is different, and having experienced legal guidance can make the process much clearer from the beginning.

Have an Older Marijuana Conviction? Inch Law Can Help You Explore Your Options.

A conviction from years ago should not prevent you from taking advantage of new legal opportunities if you qualify. Virginia’s new law gives some individuals a chance to ask the court to reconsider sentences that were imposed before the state’s marijuana laws changed, and it may open the door to meaningful relief for eligible people.

At Inch Law, we believe every case has a human story. Charlie Inch works directly with every client, taking the time to understand your circumstances, review your eligibility, and explain your options in clear, straightforward terms. If you or a loved one has a felony marijuana conviction from before July 1, 2021, contact Inch Law for a free consultation to find out whether this new law could apply to your case.

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