Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 804: Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana
Last action March 25, 2025 · House Second Readers
House Bill 804 would write into Georgia law a 2022 federal presidential proclamation pardoning simple marijuana possession, applying it to people affected under Georgia's own drug law.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Georgia's controlled substances law (O.C.G.A. § 16-13-30) currently makes simple possession of marijuana a crime with its own state penalties. This bill does not change those state penalties directly. Instead, it adds a new subsection that copies into Georgia law the text of a federal presidential proclamation, originally issued under the President's constitutional pardon power, that grants a full pardon and restoration of civil and political rights to United States citizens and lawful permanent residents who committed or were convicted of simple marijuana possession under federal law or Washington D.C. code. The bill limits the pardon strictly to the offense of simple possession of marijuana, not other marijuana or drug offenses, and says the federal Attorney General, through the Pardon Attorney, is responsible for issuing certificates of pardon to eligible applicants. Georgia's bill carves out an exception tied to another existing part of the state code, subsection (j)(1). Section 2 repeals any conflicting laws.
What the bill does
- Adds a new subsection (j.1) to Georgia's drug law (O.C.G.A. § 16-13-30) that incorporates the text of a federal pardon proclamation for simple marijuana possession.
- States the pardon applies to United States citizens and lawful permanent residents who committed or were convicted of simple possession under federal law (21 U.S.C. § 844) or D.C. Code 48-904.01(d)(1).
- Limits the pardon to only the simple possession offense, explicitly excluding other marijuana or controlled substance offenses.
- Assigns responsibility for administering and issuing pardon certificates to the federal Attorney General acting through the Pardon Attorney, not to any Georgia agency.
- Repeals any Georgia laws that conflict with this new provision.
Who it affects
People previously charged with or convicted of simple marijuana possession under federal or D.C. law who are U.S. citizens or lawful permanent residents, as well as Georgia prosecutors and courts who apply O.C.G.A. § 16-13-30 and must account for this new subsection.
Why it matters
By embedding the federal pardon language directly into Georgia's own drug statute, the bill could affect how Georgia courts and prosecutors treat prior simple possession cases referenced by the proclamation, even though the actual pardon authority and certificate process remain entirely with the federal government.
Key provisions
- Section 1 adds subsection (j.1) to O.C.G.A. § 16-13-30, reproducing the full text of a federal presidential pardon proclamation for simple marijuana possession.
- The new subsection excepts cases covered under paragraph (1) of existing subsection (j) of the same Code section.
- The quoted proclamation restricts the pardon to simple possession only, not other marijuana-related or controlled substance offenses.
- The proclamation directs the federal Attorney General, 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 this new provision.
From the bill
“the Office of the President of the United States does hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana”
“The proclamation is to pardon only the offense of simple possession of marijuana in violation of Federal law or in violation of D.C. Code 48–904.01(d)(1), and not any other offenses related to marijuana or other controlled substances.”
Discussed in meetings (2)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, March 5, 2026 (AM)
From 0:38:17 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 804 sought to put a presidential-style pardon for simple marijuana possession into Georgia law, granting full and unconditional pardons to low-level offenders while leaving trafficking and distribution prosecutions intact. The sponsor argued that possession records prevent people who have completed their punishment from finding work and supporting families, and cited Georgia Justice Project materials about record relief. One committee member asked about references to the attorney general acting through a pardon attorney. The sponsor said those references came from the federal model. A second member questioned whether language referring to federal law would actually pardon Georgia convictions. The sponsor confirmed that relief for state convictions was the goal and requested help from legislative counsel. The chair set the bill aside because of a constitutional question. No vote or resolution of that question appears in the transcript.
House Judiciary Non-Civil Committee, March 6, 2026
From 1:04:14 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: Discussion of HB 804 paused while a missing substitute was distributed, then resumed after another bill. The sponsor said the substitute replaced language acknowledging a presidential marijuana pardon with provisions under Georgia’s pardons-and-paroles laws. The sponsor described a petition process for relief from a simple marijuana-possession conviction, saying the Board of Pardons and Paroles would retain discretion and relief would not be automatic. A committee member objected that the text required the board to grant relief and questioned whether lawmakers could constitutionally direct the board. The member also said the board already had authority to act. The sponsor disputed that authority for this particular offense and proposed changing the requirement to permission. The committee rejected that amendment after voice and raised-hand votes, with the chair voting no. Members then voted on the unchanged substitute, and the chair again voted no before adjourning. The transcript does not include a numerical tally or an explicit announcement of the bill’s final outcome.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- El-Mahdi Holly (D, HD-116)
- Robert Dawson (D, HD-65)
- Eric Bell (D, HD-75)
- Spencer Frye (D, HD-122)
- Viola Davis (D, HD-87)
- Dewey McClain (D, HD-109)
Topics
- marijuana possession
- criminal justice
- drug law
- pardons
- controlled substances