Democrat questions Youngkin veto on bill that could have released people incarcerated on marijuana-related felonies

RICHMOND, Va. (WRIC) – A bill that would have allowed hundreds of people incarcerated in Virginia on cannabis-related felonies to reduce their sentences or be released was vetoed by Gov. Glenn Youngkin.

The bill from state Sen. Angelia Williams Graves (D-Norfolk) was among the seven pieces of legislation from Democrats that the Republican governor axed the day after his hopes of luring two professional sports teams to Alexandria collapsed.

It would have given incarcerated people convicted of certain felonies tied to the possession, selling, manufacture, giving, transportation, distribution or delivery of cannabis before July 2021 – when recreational possession was legalized – an automatic hearing to modify their sentence.

Youngkin justified his veto by saying it would have made 97 people with violent felony convictions, “such as first and second-degree murder, kidnapping, and robbery” eligible – a claim Sen. Williams Graves disputes.

“The statement he [Youngkin] made is an untruth,” she told 8News in an interview.

Williams Graves said her bill excluded convictions on certain acts of violence listed in state code, including first and second-degree murder, involuntary manslaughter, kidnapping and robbery.

“We explicitly excluded violent crimes,” Williams Graves said. “If there was a code section we missed he [Youngkin] could have amended that or worked with us. He didn’t care to.”

Asked about Williams Graves’ assertion, Youngkin spokesman Christian Martinez referred 8News to the Department of Corrections for the latest numbers of who would be eligible under the bill.

“I did want to be clear that the numbers cited on the veto statement reflect the inmates who are eligible under the statute,” Martinez wrote in an April 1 email.

When the proposal was heard in the House’s Court of Justice Committee on Feb. 23, Del. Josh Thomas (D-Prince William) asked about the bill’s exceptions.

An attorney from the Virginia Division of Legislative Services told the committee that sentences for certain acts of violence in state code would not be eligible to be changed under the bill.

“But so, just to be clear, the violent offenses would be excluded from the review?” Del. Thomas asked.

“That’s correct,” the attorney said. “The violent offenses listed in 19.2-297.1 would be excluded from review.”

About 370 people imprisoned in state facilities as of Dec. 31, 2023, and 250 people serving time in local and regional jails would have been eligible, per the proposal’s final fiscal statement. About 1,224 people on probation or parole would also be eligible, per the fiscal statement.

“This bill grants eligibility to a significant number of violent felons who have already received a full and fair hearing,” Youngkin wrote in his veto statement, citing figures on how many people would be eligible for reduced sentences that he believes would undermine public safety.

The governor wrote that 97 people convicted of “a violent felony offense, such as first and second-degree murder, kidnapping, and robbery” would be eligible for an automatic hearing.

“In total, the proposal grants eligibility for approximately three hundred fifteen inmates. Of those, one hundred eighty individuals received convictions for selling, distributing, or manufacturing other illegal drugs and narcotics, including fentanyl,” Youngkin added. “Other inmates received convictions for serious offenses, including felony distribution to minors.”

8News reached out to the Department of Corrections on March 29 seeking the latest numbers on who would be eligible given the bill’s criteria and whether the figures Youngkin cited were accurate.

After pushing back its deadline to accommodate the department’s process, a corrections department spokesman referred 8News back to the governor’s office on April 5. The spokesman shared a statement after 8News set an April 16 deadline, but did not provide any of the figures requested.

“The figures cited in the Governor’s veto statement were provided by the VADOC and were correct as of the time the numbers were provided,” Kyle Gibson, the corrections department’s director of communications, wrote in an email.

Lawmakers will consider Youngkin’s veto on Wednesday, but the legislation passed narrowly so it appears unlikely that Democrats will have the two-thirds vote needed to override the veto.