Sec. 313. No adverse effect for purposes of the immigration laws
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For purposes of the immigration laws (as defined in section 101 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.
The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— 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) ; 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 ; 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 ; in section 237(a)(2)(B)(i) (8 U.S.C.
(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 ; in section 240(c)(6) ( 8 U.S.C. 1229a(c)(6) ), by amending subparagraphs
(A)and
(B)to read as follows: 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. 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— such order was based, in whole or in part, on an offense relating to cannabis that rendered the noncitizen deportable or inadmissible; or an offense relating to cannabis— rendered the noncitizen ineligible for a benefit or relief under this Act; or formed all or part of the basis for the denial of a benefit or relief under this Act. 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. ; 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 ; 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 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 .
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U.S. Code
- Definitions§ 1101
- Special agricultural workers§ 1160
- Inadmissible aliens§ 1182
- Removal proceedings§ 1229a
- Temporary protected status§ 1254a
- Adjustment of status of nonimmigrant to that of person admitted for permanent residence§ 1255
- Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence§ 1255a
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Sec. 313
No adverse effect for purposes of the immigration laws
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