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Reform in Virginia

Last Updated May 6, 2004

In 1998, Governor Jim Gilmore introduced a wave of drug legislation that threatened to turn Virginia into one of the toughest states on drug offenders. The proposed legislation included decreasing the amounts of drugs required to label someone as a “kingpin”; increasing mandatory minimums from five years to ten, including the weight of the non-psychoactive parts of marijuana (seeds and stems) when determining sentences; creating a mandatory minimum for anyone caught with drugs and a firearm at the same time; and giving the death penalty to offenders caught with 6 grams of heroin or 28 grams of cocaine. Fortunately, many of these bills were stopped or scaled back thanks to the work of committed activists. In 2000, Governor Gilmore introduced his SABRE (Substance Abuse Reduction Effort) legislation which included increased mandatory minimums in a variety of cases, the same lowering of amounts to designate “kingpins” as in 1998, and an increase in funding for state troopers. The Drug Policy Alliance was instrumental in cutting and revising many parts of this proposal. Governor Gilmore thought that the SABRE legislation would be popular, but instead found that the opposition to such harsh drug laws was strong. The Governor himself wound up proposing cuts in his program to satisfy voters and legislators.

In 2000, legislation was passed that looked to restore voting rights to felons. This legislation is highly restrictive and only moderately better than the previous system of seeking a pardon from the Governor. Under the new system, a former felon may petition to get their vote back five years after their release. A drug offender must wait seven years to regain the right to vote.

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