Virginia SB 686 (2015): The Marijuana Decriminalization Bill That Failed, and What Came Next

By James Buddsey · Updated October 16, 2026

Virginia SB 686, Sen. Adam Ebbin’s 2015 bill to decriminalize simple marijuana possession, was killed on January 28, 2015, when the Senate Courts of Justice Committee voted 9 to 5 to pass it by indefinitely. The bill would have replaced a criminal fine of up to $500 and 30 days in jail with a civil penalty of no more than $100. Five years later Ebbin’s decriminalization bill became law, and in 2021 Virginia legalized adult possession.

What Happened

Ebbin, a Northern Virginia Democrat whose district included parts of Alexandria and Arlington, prefiled SB 686 on October 31, 2014, for the 2015 session. According to the Legislative Information System summary, the bill would have:

• changed simple possession from a criminal offense, punishable by a fine of up to $500 and up to 30 days in jail, to a civil penalty of no more than $100 paid to the state’s Literary Fund;
• reduced penalties for distribution and possession with intent to distribute;
• created a presumption that a person growing six or fewer plants did so for personal use;
• limited property forfeiture to cases involving more than a pound;
• narrowed the paraphernalia laws.

The bill was referred to the Senate Committee for Courts of Justice. Supporters packed the January 28 hearing in Richmond, which was held after the full Senate adjourned for the day. A committee substitute was printed that day, and the committee then voted 9 to 5 to pass the bill by indefinitely, which ended it for the session (bill history). The Weed Street Journal covered the bill in three posts that month: its introduction, the hearing schedule and the result.

Background

In 2015, a first possession offense in Virginia was a misdemeanor punishable by up to a $500 fine and 30 days in jail, and later offenses were Class 1 misdemeanors, according to the legislative summary of the 2020 bill that changed it. Either way, a conviction left a criminal record. Ebbin stressed that his bill decriminalized rather than legalized marijuana and argued it was needed to stop turning otherwise law-abiding people into criminals, Virginia Public Radio reported five days before the hearing. Republicans held a narrow majority in the state Senate that year, and the bill never reached the floor.

What Happened Next

Ebbin kept filing. The breakthrough came after Democrats won both chambers of the General Assembly in November 2019. In 2020, his SB 2 and Del. Charniele Herring’s matching HB 972 decriminalized simple possession, replacing the old criminal penalties with a civil penalty of no more than $25. Gov. Ralph Northam approved both bills on May 21, 2020, and they took effect July 1, 2020.

A year later the state went further. SB 1406, sponsored by Ebbin and Sen. L. Louise Lucas, legalized adult possession and created the Virginia Cannabis Control Authority. On April 7, 2021, the General Assembly accepted Northam’s amendments, with the House voting 53 to 44 and the Senate splitting 20 to 20 before the presiding officer broke the tie. Adult possession and home growing became legal on July 1, 2021.

Where It Stands in 2026

Adults 21 and older in Virginia may possess up to 2 ounces in public and grow up to four plants per household. Retail sales were blocked for years, with Gov. Glenn Youngkin vetoing sales bills in 2024 and 2025. In 2026, lawmakers wrote a retail market into the state budget, and licensed recreational sales are scheduled to begin July 1, 2027. Our Virginia marijuana laws guide has the current limits, penalties and timeline. For federal rules, see federal marijuana laws, and for other states, our cannabis laws by state.

Virginia SB 686 FAQ

Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.