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S. 5022IntroducedSenate · nowHousePresidentLawIn committee
Sec. 313 · S. 5022

No adverse effect for purposes of the immigration laws

Title III — Restorative justice and opportunity › Subtitle B — Restorative justice

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(a) In general For purposes of the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))), cannabis may not be considered a controlled substance, and an alien may not be denied any benefit or protection under the immigration laws based on any event, including conduct, a finding, an admission, addiction or abuse, an arrest, a juvenile adjudication, or a conviction, relating to cannabis, regardless of whether the event occurred before, on, or after the effective date of this Act. (b) Amendments to the Immigration and Nationality Act The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 101(f)(3) (8 U.S.C. 1101(f)(3)), by striking (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana); (2) in section 210(c)(2)(B)(ii)(III) (8 U.S.C. 1160(c)(2)(B)(ii)(III)), by striking, except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana; (3) in section 212(h) (8 U.S.C. 1182(h)), by striking and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana; (4) 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; (5) in section 240(c)(6) (8 U.S.C. 1229a(c)(6)), by amending subparagraphs (A) and (B) to read as follows: (A) Right to file (i) In general Except as provided in clause (ii), a noncitizen may file 1 motion to reconsider a decision that the alien is removable from the United States. (ii) Removal orders impacted by cannabis offenses In addition to the motion authorized under clause (i), a removal order shall be reconsidered upon a motion filed at any time by a noncitizen demonstrating that— (I) such order was based, in whole or in part, on an offense relating to cannabis that rendered the noncitizen deportable or inadmissible; or (II) an offense relating to cannabis— (aa) rendered the noncitizen ineligible for a benefit or relief under this Act; or (bb) formed all or part of the basis for the denial of a benefit or relief under this Act. (B) Deadline A motion to reconsider under subparagraph (A)(i) shall be filed not later than 30 days after the date of entry of the relevant final administrative order of removal.; (6) in section 244(c)(2)(A)(iii)(II) (8 U.S.C. 1254a(c)(2)(A)(iii)(II)) by striking, except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana; (7) in section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) by striking (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana); and (8) in section 245A(d)(2)(B)(ii)(II) (8 U.S.C. 1255a(d)(2)(B)(ii)(II)) by striking, except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana.

Sec. 313: No adverse effect for purposes of the immigration laws · Public Law Tracker