HB206: HB206 Drug-free Postsecondary Education Act of 1990; repeal Article 2 of Chapter 1

26 LC 49 2759S The House Committee on Higher Education offers the following substitute to HB 206: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to scholarships, loans, and grants relative to postsec ondary education, so as to2 remove convictions for certain offenses related to marijuana as cause for a student to become3 ineligible for state funds for certain loans, grants, and scholarships; to provide for definitions;4 to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 7 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, relating to8 scholarships, loans, and grants relative to postsecondary education, is amended in Subpart 4A9 of Part 3, relating to direct loans to students on basis of nee d and merit, by revising10 paragraph (5) of Code Section 20-3-395.4, relating to ineligibility, as follows:11 "(5) Has been convicted of a felony offense involving marijuana, a controlled substance,12 or a dangerous drug as set out in Code Section 20-1-23 or 20-1- 24 of the 'Drug-free13 Postsecondary Education Act of 1990,' provided that such ineligibility extends from the14 date of conviction to the completion of the next academic term; provided, however, that15 no student shall be deemed ineligible for any loan described in this subpart because of a16 H. B. 206 (SUB) - 1 - 26 LC 49 2759S conviction for an offense based solely on the possession of marijuana for personal use. 17 As used in this paragraph, the term 'possession of marijuana fo r personal use' means a18 conviction for possession of marijuana that does not include an element of intent to19 distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the20 weight threshold provided for in subsection (b) of Code Section 16-13-2 for the21 misdemeanor possession of marijuana;"22 SECTION 2.23 Said article is further amended in Subpart 4B of said part, rel ating to graduate on time24 student loans, by revising paragraph (5) of Code Section 20-3-400.6, relating to ineligibility,25 as follows:26 "(5) Has been convicted of a felony offense involving marijuana, a controlled substance,27 or a dangerous drug as set out in Code Section 20-1-23 or 20-1- 24 of the 'Drug-free28 Postsecondary Education Act of 1990,' provided that such ineligibility extends from the29 date of conviction to the completion of the next academic term; provided, however, that30 no student shall be deemed ineligible for any loan described in this subpart because of a31 conviction for an offense based solely on the possession of marijuana for personal use. 32 As used in this paragraph, the term 'possession of marijuana fo r personal use' means a33 conviction for possession of marijuana that does not include an element of intent to34 distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the35 weight threshold provided for in subsection (b) of Code Section 16-13-2 for the36 misdemeanor possession of marijuana;"37 SECTION 3.38 Said article is further amended in Subpart 4C of said part, rel ating to education for public39 service student loan, by revising paragraph (5) of Code Section 20-3-405.7, relating to40 ineligibility, as follows:41 H. B. 206 (SUB) - 2 - 26 LC 49 2759S "(5) Has been convicted of a felony offense involving marijuana, a controlled substance,42 or a dangerous drug as set out in Code Section 20-1-23 or 20-1- 24 of the 'Drug-free43 Postsecondary Education Act of 1990,' provided that such ineligibility extends from the44 date of conviction to the completion of the next academic term; provided, however, that45 no student shall be deemed ineligible for any loan described in this subpart because of a46 conviction for an offense based solely on the possession of marijuana for personal use. 47 As used in this paragraph, the term 'possession of marijuana fo r personal use' means a48 conviction for possession of marijuana that does not include an element of intent to49 distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the50 weight threshold provided for in subsection (b) of Code Section 16-13-2 for the51 misdemeanor possession of marijuana;"52 SECTION 4.53 Said article is further amended in Part 7 of Article 7, relatin g to HOPE scholarships and54 grants, by revising paragraph (5) of subsection (b) of Code Section 20-3-519.1, relating to55 residency requirements for eligibility and disqualifying factor s, and by adding a new56 subsection to read as follows:57 "(5) Has been convicted of a felony offense involving marijuana, a controlled substance,58 or a dangerous drug as set out in Code Section 20-1-23 or 20-1- 24 of the 'Drug-free59 Postsecondary Education Act of 1990,' provided that such ineligibility extends from the60 date of conviction to the completion of the next academic term; provided, however, that61 no student shall be deemed ineligible for any scholarship or grant described in this part62 because of a conviction for an offense based solely on the poss ession of marijuana for63 personal use;"64 "(c) A student shall not be deemed ineligible for any scholarship or grant described in this65 part because of a conviction for an offense based solely on the possession of marijuana for66 personal use. As used in this subsection and paragraph (5) of subsection (b) of this Code67 H. B. 206 (SUB) - 3 - 26 LC 49 2759S section, the term 'possession of marijuana for personal use' me ans a conviction for68 possession of marijuana that does not include an element of int ent to distribute,69 manufacture, sell, or traffic and does not involve a quantity exceeding the weight threshold70 provided for in subsection (b) of Code Section 16-13-2 for the misdemeanor possession of71 marijuana."72 SECTION 5.73 All laws and parts of laws in conflict with this Act are repealed.74 H. B. 206 (SUB) - 4 -