Marijuana possession is still against the law in Virginia. But one Northern Virginia prosecutor is taking action to sidestep prosecution for low-level offenders.
Earlier this year, two Northern Virginia prosecutors lost their jobs after progressive challenges from the left advocating for criminal justice reforms like getting rid of the cash bail system and eliminating the death penalty. Now Alexandria Commonwealth’s Attorney Bryan Porter has a new diversion program for marijuana arrests where participants don’t even have to plead guilty.
Maya Castillo at New Virginia Majority says marijuana possession arrests can haunt people unnecessarily. “People can lose their jobs or become ineligible for public housing. People are restricted from student loans," Castillo says. "So I think it’s high that we see some reforms here.”
But marijuana is still against the law. And Virginia legal expert Rich Kelsey says Alexandria’s new diversion program goes too far. “I don’t think he’s following the letter or spirit of the law, and it’s going to be a fascinating issue when and if it reaches the Virginia Supreme Court. Of course that assumes that the legislature doesn’t act on this beforehand.”
Until that time, the Alexandria prosecutor says he’ll be expunging the record of participants who successfully complete his diversion program.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
