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

25 LC 48 1577 House Bill 804 By: Representatives Holly of the 116th, Dawson of the 65th, Bell of the 75th, Frye of the 122nd, Davis of the 87th, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to1 purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana2 and penalties, so as to codify the proclamation by the Office of the President of the United3 States that would grant a pardon and restore full political, ci vil, and other rights regarding4 the offense of simple possession of marijuana; to provide for l imitations; to provide for5 related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 16-13-30 of the Official Code of Georgia Annotated , relating to purchase,9 possession, manufacture, distribution, or sale of controlled su bstances or marijuana and10 penalties, is amended by adding a new subsection to read as follows:11 "(j.1) Except as provided under paragraph (1) of subsection (j) of this Code section, the12 following proclamation shall govern the simple possession of marijuana:13 'Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of14 the United States, the Office of the President of the United States does hereby grant a full,15 complete, and unconditional pardon to (1) all current United States citizens and lawful16 H. B. 804 - 1 - 25 LC 48 1577 permanent residents who committed the offense of simple possess ion of marijuana in17 violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as18 previously codified elsewhere in the United States Code, or in violation of D.C. Code19 48–904.01(d)(1), on or before the date of this proclamation, regardless of whether they20 have been charged with or prosecuted for this offense on or bef ore the date of this21 proclamation; and (2) all current United States citizens and lawful permanent residents22 who have been convicted of the offense of simple possession of marijuana in violation23 of the Controlled Substances Act, as currently codified at 21 U .S.C. 844 and as24 previously codified elsewhere in the United States Code, or in violation of D.C. Code25 48–904.01(d)(1); which pardon shall restore to them full political, civil, and other rights.26 The proclamation is to pardon only the offense of simple posses sion of marijuana in27 violation of Federal law or in violation of D.C. Code 48–904.01(d)(1), and not any other28 offenses related to marijuana or other controlled substances. No language herein shall29 be construed to pardon any person for any other offense, includ ing possession of other30 controlled substances, whether committed prior, subsequent, or contemporaneous to the31 pardoned offense of simple possession of marijuana.32 Pursuant to this proclamation, the Attorney General, acting through the Pardon Attorney,33 shall administer and effectuate the issuance of certificates of pardon to eligible applicants34 who have been charged or convicted for the offense of simple po ssession of marijuana35 in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and36 as previously codified elsewhere in the United States Code, or in violation of D.C. Code37 48–904.01(d)(1). The Attorney General, acting through the Pardon Attorney, is directed38 to develop and announce application procedures for certificates of pardon and to begin39 accepting applications in accordance with such procedures as so on as reasonably40 practicable. The Attorney General, acting through the Pardon Attorney, shall review all41 properly submitted applications and shall issue certificates of pardon to eligible42 applicants in due course.'"43 H. B. 804 - 2 - 25 LC 48 1577 SECTION 2.44 All laws and parts of laws in conflict with this Act are repealed.45 H. B. 804 - 3 -