2025 Regular SessionVirginia Legislature

SB1395: Illegal sale of cannabis; retail tobacco & hemp products, possession by person under 21yrs. of age.

Legislative Summary

Possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age prohibited; penalty. Prohibits any person younger than 21 years of age from possessing any retail tobacco product or hemp product intended for smoking, as those terms are defined in relevant law. A violation of such prohibition is punishable by seizure and forfeiture of such retail tobacco product or hemp product for a first violation. The bill imposes a civil penalty not to exceed $100 for a second violation and a civil penalty not to exceed $250 for a third or subsequent violation. The bill also provides that a court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a second violation and up to 40 hours of community service for a third or subsequent violation, but if the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Additionally, upon such violation, the judge may enter an order suspending the motor vehicle and driver's license of such person pursuant relevant law.

Demographic Impact

Overall analysis of equity impact

60% Bias
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Bill History

1/14/2025
Presented and ordered printed 25103944D
Senate
1/14/2025
Referred to Committee for Courts of Justice
Senate
2/3/2025
Incorporates SB1266(Durant)
Senate
2/3/2025
Reported from Courts of Justice with substitute (15-Y 0-N)
Senate
2/3/2025
Incorporates SB1266(Durant)
Senate
2/3/2025
Committee substitute printed 25106678D-S1
Senate
2/3/2025
Incorporates SB1266(Durant)
Senate
2/4/2025
Rules suspended
Senate
2/4/2025
Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
Senate
2/4/2025
Read second time
Senate
2/4/2025
Reading of substitute waived
Senate
2/4/2025
Courts of Justice Substitute agreed to
Senate
2/4/2025
Engrossed by Senate - committee substitute
Senate
2/4/2025
Rules suspended
Senate
2/4/2025
Constitutional reading dispensed (on 3rd reading) (40-Y 0-N)
Senate
2/4/2025
Passed Senate (40-Y 0-N)
Senate
2/7/2025
Placed on Calendar
House of Delegates
2/7/2025
Read first time
House of Delegates
2/7/2025
Referred to Committee for Courts of Justice
House of Delegates
2/7/2025
Assigned Courts sub: Criminal
House of Delegates
2/10/2025
Subcommittee recommends reporting with substitute (8-Y 0-N)
House of Delegates
2/11/2025
Fiscal Impact Statement from Department of Planning and Budget (SB1395)
Senate
2/14/2025
Reported from Courts of Justice with substitute (21-Y 0-N)
House of Delegates
2/14/2025
Committee substitute printed 25107167D-H1
House of Delegates
2/18/2025
Read second time
House of Delegates
2/19/2025
Moved from Uncontested Calendar to Regular Calendar
House of Delegates
2/19/2025
Read third time
House of Delegates
2/19/2025
Courts of Justice Substitute agreed to
House of Delegates
2/19/2025
Engrossed by House - committee substitute
House of Delegates
2/19/2025
Passed House with substitute (83-Y 14-N)
House of Delegates
2/20/2025
Passed by temporarily
Senate
2/20/2025
House substitute rejected by Senate (0-Y 39-N)
Senate
2/20/2025
House insisted on substitute
House of Delegates
2/20/2025
House requested conference committee
House of Delegates
2/20/2025
Senate acceded to request (38-Y 0-N)
Senate
2/20/2025
Conferees appointed by House
House of Delegates
2/20/2025
Delegates: Hope, Seibold, Austin
House of Delegates
2/20/2025
Conferees appointed by Senate
Senate
2/20/2025
Senators: Peake, Ebbin, Perry
Senate
2/22/2025
No further action taken
Senate
2/22/2025
Failed to Pass from conference
Senate
2/24/2025
Fiscal Impact Statement from Department of Planning and Budget (SB1395)
Senate

Roll Call Votes

House substitute rejected by Senate (0-Y 39-N)
2/20/2025
0
Yea
39
Nay
0
Not Voting
1
Absent
Result: FAILED
Senate acceded to request (38-Y 0-N)
2/20/2025
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
Passed House with substitute (83-Y 14-N)
2/19/2025
83
Yea
14
Nay
0
Not Voting
3
Absent
Result: PASSED
Reported from Courts of Justice with substitute (21-Y 0-N)
2/14/2025
21
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Subcommittee recommends reporting with substitute (8-Y 0-N)
2/10/2025
8
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
2/4/2025
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Passed Senate (40-Y 0-N)
2/4/2025
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Constitutional reading dispensed (on 3rd reading) (40-Y 0-N)
2/4/2025
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Reported from Courts of Justice with substitute (15-Y 0-N)
2/3/2025
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Engrossed(2/4/2025)
Chamber
Senate

Sponsors

Republican: 3

Primary Sponsor

Mark Peake
Mark Peake
Republican

Documents

Comm Sub
Bill Text2/14/20259.3 KB
Comm Sub
Bill Text2/10/20259.3 KB
Comm Sub
Bill Text2/3/202514.0 KB
Comm Sub
Bill Text2/3/202514.2 KB
Introduced
Bill Text1/14/20255.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/24/2025108.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/11/2025104.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/27/2025111.2 KB