HB 804: Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana

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.

• 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.

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.

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.

• 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.

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

• El-Mahdi Holly (D, HD-116)Patrocinador principal
• 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
• drug law
• pardons
• controlled substances