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House approves measure allowing confiscation of tobacco, hemp products from people under 21; critics say it lacks penalties
Summary
The Virginia House passed Senate Bill 13-95, aligning the Senate version with House Bill 1946 to allow confiscation of tobacco and hemp products from people under 21. Opponents said the measure imposes no fines or rehabilitative requirements.
The Virginia House of Delegates on the floor approved Senate Bill 13-95, which makes changes to statutes addressing illegal sale and possession of cannabis, tetrahydrocannabinol and retail tobacco or hemp products by persons younger than 21, adopting a committee substitute that conforms the Senate measure to House Bill 1946.
Supporters and the committee substitute said the measure allows law enforcement or designated authorities to confiscate tobacco and hemp products from persons under 21, and aligns the two chambers’ language. Delegate Elizabeth Hope (D-Arlington) moved the committee substitute on the House floor and urged passage.
Why it matters: The bill changes enforcement options available to schools and law enforcement for underage possession of tobacco and hemp products. The House substitute removed criminal penalties in many cases and instead authorizes confiscation, a change that supporters called consistent with the House cognate and that opponents said is insufficient to deter underage use.
Debate and dissent: Delegate Patrick Milledge (R-Stafford) delivered an extended floor objection, arguing the bill “has no consequences, no fines, no community service, no rehabilitative programs,” and called the measure “an imposter” that would not address underage vaping and smoking on school property. Milledge urged colleagues to reject the substitute, saying the House’s original Republican proposals that included penalties had been removed.
Vote and next steps: The House adopted the committee substitute and passed the bill. The recorded final tally on the floor was Ayes 83, Noes 14. The bill text on the floor noted it now conforms to House Bill 1946, which the House previously reported as having passed 91–7, as stated during floor remarks.
Context and limits: The measure as adopted focuses on confiscation and alignment between chambers; it does not add specified fines, community-service requirements, or mandated rehabilitative programs, per floor remarks. The transcript record shows the chief floor proponents and opponents and the roll-call totals; implementation details such as enforcement protocols, training for school staff or law-enforcement agencies, and effective dates were not specified in floor remarks.
Votes at a glance: Senate Bill 13-95 — Adopted as substituted; Ayes 83, Noes 14.
Ending: The bill will proceed through any remaining legislative steps required for engrossment and enrollment. Implementation details and any regulatory guidance were not described on the House floor and would be determined after the enrolled bill is finalized.
