Removing Marijuana from Deportable Offenses Act

#4390 | HR Congress #116

Last Action: Referred to the Subcommittee on Immigration and Citizenship. (10/2/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4390 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4390

To amend the Immigration and Nationality Act by striking marijuana use, 
possession, and distribution as grounds of inadmissibility and removal.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2019

  Mr. Lujan (for himself, Ms. Lee of California, Ms. Schakowsky, Mrs. 
Watson Coleman, Mr. Correa, Mr. Garcia of Illinois, Mr. Espaillat, Mr. 
    Swalwell of California, Ms. Norton, Mr. Cardenas, Mr. Soto, Mr. 
  Blumenauer, Mr. Gallego, Ms. Titus, Mr. McGovern, Mr. Grijalva, Ms. 
   Escobar, Mr. Engel, Ms. Pingree, Mr. Pocan, Mr. Huffman, and Ms. 
  Velazquez) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act by striking marijuana use, 
possession, and distribution as grounds of inadmissibility and removal.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Removing Marijuana from Deportable 
Offenses Act''.

SEC. 2. STRIKING MARIJUANA USE, POSSESSION, AND DISTRIBUTION AS GROUNDS 
              FOR INADMISSIBILITY AND REMOVAL.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended--
            (1) 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)'';
            (2) 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.''; and
            (3) 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''.
    (b) Right To Reapply or Return.--
            (1) 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.
            (2) 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).
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