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.....................................................................
(Original Signature of Member)

H. R. ll

116TH CONGRESS
1ST SESSION

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
Mr. LUJÁN introduced the following bill; which was referred to the Committee
on llllllllllllll

A BILL
To amend the Immigration and Nationality Act by striking
marijuana use, possession, and distribution as grounds
of inadmissibility and removal.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3
4

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Removing Marijuana

5 from Deportable Offenses Act’’.

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1

SEC. 2. STRIKING MARIJUANA USE, POSSESSION, AND DIS-

2

TRIBUTION

3

SIBILITY AND REMOVAL.

4

AS

GROUNDS

FOR

INADMIS-

(a) IN GENERAL.—The Immigration and Nationality

5 Act (8 U.S.C. 1101 et seq.) is amended—
6

(1)

section

101(a)(43)(B)

(8

U.S.C.

7

1101(a)(43)(B)), by inserting ‘‘other than the dis-

8

tribution of marijuana,’’ after ‘‘(as defined in section

9

102 of the Controlled Substances Act)’’;

10
11

(2) in section 212(a)(2) (8 U.S.C. 1182(a)(2)),
by amending subparagraph (F) to read as follows:

12

‘‘(F)

MARIJUANA

OFFENSES.—Notwith-

13

standing any other provision of this section, any

14

offenses involving the use, possession, or dis-

15

tribution of marijuana shall not be considered

16

as grounds of inadmissibility.’’; and

17

(3)

in

section

237(a)(2)(B)(i)

(8

U.S.C.

18

1227(a)(2)(B)(i)), by striking ‘‘other than a single

19

offense involving possession for one’s own use of 30

20

grams or less of marijuana’’ and inserting ‘‘other

21

than offenses involving the use, possession, or dis-

22

tribution of marijuana’’.

23

(b) RIGHT TO REAPPLY OR RETURN.—

24

(1) REAPPLICATION.—Any alien who was pre-

25

viously denied a visa to enter the United States as

26

a direct result of the alien’s use, possession, or dis-

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1

tribution of marijuana may reapply for admission to

2

the United States.

3

(2) REISSUANCE.—Any alien who was deported

4

from the United States as a direct result of the

5

alien’s use, possession, or distribution of marijuana

6

shall be readmitted to the United States and re-

7

issued the visa that they had at the time of the

8

alien’s deportation if the alien is not inadmissible

9

under section 212(a) of the Immigration and Na-

10

tionality Act, as amended by subsection (a)(2).

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