--- title: HB 804. Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana collection: bills id: 2025-2026/hb804 cite_as: HB 804, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb804 md_url: https://georgiacommons.org/bills/2025-2026/hb804.md text_url: https://georgiacommons.org/bills/2025-2026/hb804/text source_url: https://www.legis.ga.gov/legislation/71489 date: 2025-03-25 status: introduced corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb803.md next: https://georgiacommons.org/bills/2025-2026/hb805.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 129 omitted_url: https://georgiacommons.org/bills/2025-2026/hb804.md?full=1 bill_number: HB 804 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-03-20 last_action: House Second Readers sponsors: - El-Mahdi Holly - Robert Dawson - Eric Bell - Spencer Frye - Viola Davis - Dewey McClain text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/HB804/2025 upstream_id: 2012199 summaries_model: claude-sonnet-5 topic_tags: - marijuana possession - criminal justice reform - pardons - drug law - Georgia controlled substances law --- # HB 804. Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana ## Text 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 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A Georgia House bill would write a 2022 federal pardon proclamation for simple marijuana possession into state law, adding it as a new provision of Georgia's controlled substances statute (O.C.G.A. § 16-13-30). ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Introduced (2025-03-20) - Last action: House Second Readers (2025-03-25) - Sponsors: El-Mahdi Holly, Robert Dawson, Eric Bell, Spencer Frye, Viola Davis, Dewey McClain - Official page: https://www.legis.ga.gov/legislation/71489 > The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb804.md?full=1