Section 1 Short title
This Act may be cited as the “Removing Marijuana from Deportable Offenses Act”.
Removing Marijuana from Deportable Offenses Act
A BILL
To amend the Immigration and Nationality Act by striking marijuana use, possession, and distribution as grounds of inadmissibility and removal.
Sec. 2 Striking marijuana use, possession, and distribution as grounds for inadmissibility and removal
in section 101(a)(43)(B) (8 U.S.C. 1101(a)(43)(B)), by inserting “other than the distribution of marijuana,” after “(as defined in section 102 of the Controlled Substances Act)”;
in section 212(a)(2) (8 U.S.C. 1182(a)(2)), by amending subparagraph (F) to read as follows:
“(F) Marijuana offenses—Notwithstanding any other provision of this section, any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”
in section 237(a)(2)(B)(i) (8 U.S.C. 1227(a)(2)(B)(i)), by striking “other than a single offense involving possession for one's own use of 30 grams or less of marijuana” and inserting “other than offenses involving the use, possession, or distribution of marijuana”.
Right To reapply or return—
Reapplication— Any alien who was previously denied a visa to enter the United States as a direct result of the alien’s use, possession, or distribution of marijuana may reapply for admission to the United States.
Reissuance— Any alien who was deported from the United States as a direct result of the alien’s use, possession, or distribution of marijuana shall be readmitted to the United States and reissued the visa that they had at the time of the alien’s deportation if the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act, as amended by subsection (a)(2).