The Virginia General Assembly on Wednesday night approved 15 of Gov. Ralph Northam’s 17 proposed amendments to legislation that would decriminalize marijuana, meaning the bill heads back to the governor.
The legislation, if approved by the governor, would make possession of marijuana a civil offense punishable by a $25 fine. It would seal the records of those previously convicted of possession and prohibit employers from asking about past convictions.
Amendments six and 17 from Northam failed to gather enough votes.
Amendment six included language lawmakers believed would have removed the right to a trial by jury of anyone caught with possession of marijuana if appealed to a circuit court. Lawmakers on both sides of the aisle objected to its inclusion.
“We have always had the right to a jury trial for the possession of marijuana,” said Sen. Joe Morrissey, D-Henrico.
Morrissey said many civil infractions, such as a traffic violation, permit a person to appeal to a circuit court and be given a trial by jury.
Del. Nick Freitas, R-Culpeper, made a similar objection. He said there is no reason to take away the right to a trial by jury.
The rejected amendment 17 would have extended the deadline of a study that would look into the effect of fully legalizing marijuana in Virginia. The bill sets the deadline as November 30, 2020. Northam’s amendment would have changed it to Nov. 30, 2021.
