New Virginia Laws Take Effect On July 1: Pot, Bicycles, Balloons

VIRGINIA — From abolishing the death penalty to allowing simple possession of marijuana, several new laws will be taking effect in Virginia on Thursday, July 1.

Virginia lawmakers voted earlier this year to end executions, marking a dramatic change in direction for a state that has executed the most people in the nation's history. Only two men remain on death row in Virginia. Their sentences will be commuted to life in prison without parole.

The state will also legalize simple possession of marijuana, effective July 1, and allow adults to grow up to four marijuana plants per household. But residents should be wary of the anti-marijuana laws that remain on the books. Furthermore, it will be years before a legal marketplace to buy marijuana is set up.

After a busy 2020 session on policing and criminal justice, efforts to make further progress on police reform in 2021 fell short of advocates' expectations. For example, lawmakers in the General Assembly killed proposals to reduce qualified immunity protections for police officers.

Among the other new laws is one that prohibits any person 16 years of age or older from intentionally releasing, discarding, or causing to be released or discarded any nonbiodegradable balloon outdoors. Any person convicted of such violation is liable for a civil penalty of $25 per balloon.

Here’s a rundown of the notable new Virginia laws coming July 1:

Death penalty: The Virginia General Assembly approved legislation this year to end capital punishment. Virginia has conducted the most executions of any state and the second most executions, behind only Texas, since the U.S. Supreme Court let states resume the death penalty in 1976.

Marijuana: Adults 21 and over will be allowed to possess up to an ounce of marijuana and use cannabis in private on July 1. However, retail sales will not be allowed until 2024 at the earliest.

Criminal Justice: Virginia will join the rest of the country in granting people the automatic right to appeal a trial judge's decision in civil and criminal cases. That will give the losing side an opportunity to present potential errors in the trial process or ask procedural questions to a three-judge panel. The legislation expands the jurisdiction of the Virginia Court of Appeals so it can handle what is expected to be a large increase in the number of appeals.

Police: Local and campus law enforcement agencies will be prohibited from using facial recognition technology.

Education: Schools will be allowed to use remote learning during days they have to close for inclement weather or emergency situations so that students do not miss instructional time.

Teachers: Educators in Virginia will now be evaluated on their level of cultural competency, based on standards set by the Virginia Board of Education. The new law mandates African American history training for many teachers and sets new inclusivity standards for educators.

Student Financial Aid: A new law extends state-funded student financial aid programs to in-state students regardless of citizenship or immigration status. The law extends the assistance to students at community colleges, or a public institution for higher education.

Elections: Voters in Virginia will be allowed to register for an absentee ballot through the mail in July. Absentee ballots will no longer require a witness signature, while localities must offer drop-off locations for absentee ballots and curbside options for those with a disability or injury. Local election officials will also be allowed to open polling places for in-person early voting on Sundays.

RELATED: Virginia Adopts Law To Stamp Out Voter Suppression Tactics

Child Care: The new law aims to stabilize the child care industry, which has faced tremendous challenges amid the COVID-19 pandemic. The measure loosens background check requirements and establishes a pilot program to test out new parameters for the spending of subsidies.

Guns: On July 1, guns will not be allowed within Capitol Square in Richmond or in any building owned or leased by the state. Firearms also will not be permitted 40 feet from a polling place. Another new law permits school boards to designate any building or property it owns or leases as gun-free zones.

Alcohol: The General Assembly approved a bill allowing restaurants to sell to-go cocktails for another year. The measure is set to end July 2022. Legislation giving businesses with wine or beer licenses the authority to sell wine or beer for consumption off-premise was also extended. The bill also allows those businesses to deliver wine and beer without a permit. The measure is set to end Jan. 1, 2022.

Discrimination Protection: The new law adds “disability” to the list of characteristics protected from discrimination under the Virginia Human Rights Act. This addition comes after the VHRA was expanded in 2020 to cover most Virginia employers. The new law requires employers to post information concerning an employee’s rights to reasonable accommodation for disabilities in a conspicuous place and include the same in any employee handbook.

Workers Compensation Benefits: Virginia will now allow health care workers and first responders to receive workers’ compensation benefits if they are disabled or die due to COVID-19. The bill also said health care workers who refuse or fail to get vaccinated for COVID-19 will not be eligible for workers’ compensation.

Animal Cruelty: Any person working for a pet shop, dealer or commercial dog breeder can not have a previous conviction of animal cruelty. The new law also prohibits pet shops from selling or giving for adoption a dog without first obtaining a signed statement from the purchaser or adopter that they have never been convicted of animal cruelty.

Bicycles: Vehicle drivers will be required to change lanes when trying to pass a bicyclist if the lane of travel is not wide enough to give the motor vehicle at least three feet to the left of the bicycle.

Littering: The maximum fine for littering or dumping trash increases to $500 from $250.

Balloons: Intentionally releasing balloons outdoors is banned. Punishment will be a civil penalty of $25 per balloon.

ALSO READ: New Virginia Laws In 2020: Guns, Casinos, Voter ID