(HB637)

GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 637, which relates to possession of residue of a controlled substance.

House Bill 637 would prohibit charging a person with possession of a residual amount of a controlled substance under §18.2-250, including for Schedule I and Schedule II drugs. The prohibition would prevent Commonwealth's Attorneys from exercising their discretion in prosecuting serious drug offenses and remove their ability to pursue a felony conviction when the facts justify that outcome.

House Bill 637 would create a new offense with misdemeanor penalties for possession of drug residue, which would have the unintended and regrettable consequence of making offenders who are arrested for possession of residue ineligible for drug court. Drug courts in Virginia help provide comprehensive substance abuse treatment under intensive supervision to defendants who struggle with substance use disorders and have proven valuable to offenders and public safety.

Accordingly, I veto this bill.