Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana
Summary
HB804 would amend Georgia’s controlled substances law to incorporate, by reference, a federal presidential proclamation pardoning the offense of simple possession of marijuana. The bill states that the proclamation would apply to current U.S. citizens and lawful permanent residents who committed or were convicted of simple possession of marijuana under federal law or the D.C. code, and it specifies that the pardon would restore full political, civil, and other rights for that offense.
The bill also directs the U.S. Attorney General, acting through the Pardon Attorney, to create and publicize application procedures for certificates of pardon and to process eligible applications as soon as practicable. It expressly limits the pardon to simple possession of marijuana and says it does not extend to other marijuana-related offenses or any other controlled-substance offenses. In Georgia law, the measure would add a new subsection to O.C.G.A. § 16-13-30 and repeal conflicting laws.
Impact
If enacted, HB804 would change Georgia’s criminal code by codifying a federal pardon proclamation within the state statute governing controlled substances and marijuana. The practical effect would be to recognize the pardon language in state law for simple marijuana possession, while leaving intact penalties for possession, manufacture, distribution, sale, and other drug offenses not covered by the proclamation. The bill primarily affects people with federal or D.C. simple-possession marijuana offenses, as well as the Attorney General/Pardon Attorney process referenced in the text.
Sentiment
The available record shows no committee transcript and no recorded votes, so there is no documented debate or formal vote history to gauge support or opposition. Based on the bill text alone, the measure appears framed as a narrow clemency and rights-restoration bill focused on marijuana possession, suggesting a generally reform-oriented intent rather than a broad rewrite of drug policy.
Contention
The main point of contention is likely the bill’s decision to codify and rely on a federal presidential proclamation rather than create an independent state-level marijuana reform. Another possible issue is the scope of relief: the bill is limited to simple possession and excludes other marijuana offenses and all other controlled substances, which may be seen as either appropriately narrow or insufficiently expansive depending on the perspective. Questions could also arise about the mechanics of implementing certificates of pardon and how Georgia law would interact with federal clemency actions.
Crimes and punishments; modifying offenses in certain classes of felonies; creating felony offenses for second or subsequent offenses; adding offenses for which registration pursuant to the Sex Offenders Registration Act applies. Effective date.