HB804: HB804 Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana

Georgia law currently punishes simple possession of marijuana under O.C.G.A. § 16-13-30, separate from any federal pardon action. This bill would add a new subsection to that Georgia statute that copies the text of a proclamation issued by the Office of the President of the United States, which grants a full pardon and restores political and civil rights to people who committed or were convicted of simple possession of marijuana under federal law or the District of Columbia code. The new subsection states that, except where another part of the statute already limits eligibility, this federal pardon proclamation shall govern how simple marijuana possession is treated. The proclamation text explains that it applies only to the specific offense of simple possession, not to other marijuana or drug offenses, and it directs the U.S. Attorney General, through the Pardon Attorney, to create an application process for certificates of pardon. The bill also repeals any conflicting Georgia laws.

• Adds a new subsection (j.1) to Georgia's drug possession statute (O.C.G.A. § 16-13-30) incorporating the text of a federal presidential pardon proclamation for simple marijuana possession.
• States that this proclamation governs the treatment of simple marijuana possession, except where an existing exception in subsection (j)(1) applies.
• Copies the proclamation's limits, clarifying that only the specific offense of simple possession of marijuana under federal law or D.C. Code is covered, not other drug or marijuana offenses.
• Reiterates that the U.S. Attorney General, through the Pardon Attorney, is directed to set up and administer an application process for certificates of pardon.
• Repeals any Georgia laws that conflict with this new provision.

People previously charged with or convicted of simple marijuana possession under federal law or the District of Columbia code, U.S. citizens and lawful permanent residents seeking restoration of political and civil rights, and Georgia's criminal justice system as it applies the state's controlled substances statute.

By embedding the federal pardon proclamation directly into Georgia's own drug statute, the bill could clarify how the pardon interacts with the state's simple possession offense, potentially affecting how Georgia treats past federal or D.C. marijuana possession cases when applying its own law.

• Section 1 amends O.C.G.A. § 16-13-30 by adding subsection (j.1), which states the federal pardon proclamation governs simple marijuana possession, subject to the exception in subsection (j)(1).
• The quoted proclamation grants a full, complete, and unconditional pardon to current U.S. citizens and lawful permanent residents who committed or were convicted of simple possession of marijuana under 21 U.S.C. § 844 or D.C. Code 48-904.01(d)(1).
• The proclamation specifies it covers only the offense of simple possession, not other marijuana or controlled substance offenses, even if committed by the same person.
• The proclamation directs the U.S. Attorney General, acting through the Pardon Attorney, to create application procedures and issue certificates of pardon to eligible applicants.
• Section 2 repeals any Georgia laws or parts of laws that conflict with the new provision.

1. 2025-03-25House Second Readers (House)
2. 2025-03-21House First Readers (House)
3. 2025-03-20House Hopper (House)

• El-Mahdi Holly (D, HD-116)Primary sponsor
• Robert Dawson (D, HD-065)
• Eric Bell (D, HD-075)
• Spencer Frye (D, HD-122)
• Viola Davis (D, HD-087)
• Dewey McClain (D, HD-109)

• marijuana possession
• criminal justice reform
• pardons
• drug law
• Georgia controlled substances law