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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

2026-07-06 17:28:36 -04:00

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Bill

Marijuana and certain traffic offenses; issuing citations, etc,

Issuing citations; possession of marijuana and certain traffic offenses. Changes from a primary offense to a secondary offense the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing during a traffic stop solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop is admissible in any trial, hearing, or other proceeding.

us/states/va

Virginia General Assembly

2020specialI

HB 5058

Virginia HB 5058 (2020specialI)

bill

enacted

2020-08-18

2020-11-09

openstates

ocd-bill/8e048bb8-2ec3-43b5-9c25-b8a60378ff96

https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5058

e7053b1c92fb350a74928b81713a3d72fdef984b9643df82aca13cf0512149a8

2026-07-01

https://data.openstates.org/daily/2026-07-01/public.pgdump

2026-07-06

reported

legislation

bill

us-va

Virginia HB 5058 (2020specialI) — Marijuana and certain traffic offenses; issuing citations, etc,

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

Acts of Assembly Chapter text (CHAP0045) (committee substitute) — source
Bill text as passed House and Senate (HB5058ER) (committee substitute) — source
Engrossed by House as amended HB5058E (committee substitute) — source
Impact statement from DPB (HB5058) (committee substitute) — source
Impact statement from DPB (HB5058S1) (committee substitute) — source
Reenrolled bill text (HB5058ER2) (committee substitute) — source

Votes

Senate concurred in Governor's recommendation #3 (21-Y 18-N) — 21–18 (pass) · upper
Passed Senate with substitute (20-Y 19-N) — 20–19 (pass) · upper
VOTE: Adoption (54-Y 44-N) — 53–44 (pass) · lower
Reported from Finance and Appropriations (11-Y 5-N) — 11–5 (pass) · upper
Reported from Courts of Justice (13-Y 7-N) — 13–7 (pass) · lower
Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N) — 38–1 (pass) · upper
Reported from Judiciary with substitute (8-Y 1-N) — 8–1 (pass) · upper
Constitutional reading dispensed (36-Y 0-N) — 36–0 (pass) · upper
VOTE: Adoption (53-Y 41-N) — 52–41 (pass) · lower
VOTE: Passage (54-Y 44-N) — 53–44 (pass) · lower

Timeline

The legislative action history — every referral, reading, and vote.

2020-08-18 Prefiled and ordered printed; offered 08/18/20 20200751D introduction
2020-08-18 Referred to Committee for Courts of Justice referral-committee
2020-08-26 Impact statement from DPB (HB5058)
2020-08-26 Reported from Courts of Justice (13-Y 7-N) committee-passage
2020-08-28 Read first time reading-1
2020-09-03 Read second time reading-2
2020-09-03 Amendments by Delegate Hope agreed to amendment-passage
2020-09-03 Engrossed by House as amended HB5058E
2020-09-03 Printed as engrossed 20200751D-E
2020-09-04 Read third time and passed House (54-Y 44-N) passage, reading-3
2020-09-04 VOTE: Passage (54-Y 44-N)
2020-09-04 Impact statement from DPB (HB5058E)
2020-09-09 Constitutional reading dispensed
2020-09-09 Referred to Committee on the Judiciary referral-committee
2020-09-16 Senate committee, floor amendments and substitutes offered
2020-09-16 Reported from Judiciary with substitute (8-Y 1-N) committee-passage
2020-09-16 Committee substitute printed 20201175D-S1 substitution
2020-09-16 Rereferred to Finance and Appropriations referral-committee
2020-09-17 Impact statement from DPB (HB5058S1)
2020-09-24 Reported from Finance and Appropriations (11-Y 5-N) committee-passage
2020-09-25 Constitutional reading dispensed (36-Y 0-N)
2020-10-01 Passed by temporarily
2020-10-01 Read third time reading-3
2020-10-01 Reading of substitute waived
2020-10-01 Committee substitute agreed to
2020-10-01 Engrossed by Senate - committee substitute HB5058S1
2020-10-01 Passed Senate with substitute (20-Y 19-N) passage
2020-10-02 Placed on Calendar
2020-10-02 Senate substitute agreed to by House 20201175D-S1 (53-Y 41-N)
2020-10-02 VOTE: Adoption (53-Y 41-N)
2020-10-07 Enrolled
2020-10-07 Signed by Speaker
2020-10-07 Signed by President
2020-10-08 Impact statement from DPB (HB5058ER)
2020-10-14 Enrolled Bill communicated to Governor on October 14, 2020
2020-10-14 Governor's Action Deadline 11:59 p.m., October 21, 2020
2020-10-21 Governor's recommendation received by House
2020-11-09 House concurred in Governor's recommendation (54-Y 44-N)
2020-11-09 VOTE: Adoption (54-Y 44-N)
2020-11-09 Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N)
2020-11-09 Senate concurred in Governor's recommendation #3 (21-Y 18-N)
2020-11-09 Governor's recommendation adopted
2020-11-09 Reenrolled bill text (HB5058ER2)
2020-11-09 Reenrolled
2020-11-09 Signed by Speaker as reenrolled
2020-11-09 Signed by President as reenrolled
2020-11-09 Enacted, Chapter 45 (effective 3/1/21) became-law

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/8e048bb8-2ec3-43b5-9c25-b8a60378ff96. Confidence: reported (aggregated from official Virginia legislature records).

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