Sec. 102. Second Chances for Nonviolent Cannabis Offenders

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In this section: The term related nonviolent marihuana offenses shall mean any related nonviolent offenses or convictions that would not have satisfied all elements of the charged offense or offenses but for the involvement of marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols except for any offenses or convictions where it has been established in court that the individual was associated with a foreign drug cartel or operating a motor vehicle under the influence of a drug or alcohol within the meaning of section 13(b) of title 18, United States Code, an offense of operating or being in actual physical control of a motor vehicle within the meaning of title 36, section 4.23 of the Code of Federal Regulations, or drunken or reckless operation of vehicle, aircraft or vessel within the meaning of article 111 of the Uniform Code of Military Justice, and section 911 of title 10, United States Code.

The term associated with a foreign drug cartel shall mean, in the case of an individual, that law enforcement has probable cause to believe to be connected to or an instrument of a foreign agent, drug cartel, or power. The amendments made by this section to the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) are retroactive and shall apply to any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act— Such application and retroactivity described in this subsection

(b)shall extend to any nonviolent offense involving marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols and any related nonviolent marihuana offenses occurring before, on, or after the date of enactment of this Act. This provision is meant to be extended to nonviolent offenses charged, pending, or otherwise, previously found to be crimes of violence subsequently found to be unconstitutionally vague or restricted. For all pending criminal charges or cases and convictions awaiting sentencing impacted by amendments made by this subsection to the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the attorney for the Government shall drop the relevant charges or seek dismissal of all pending charges within 14 days after the date of enactment of this Act. Any person held in pretrial detention and entitled to dismissal of relevant charges under this provision, and not detained for any other reason, shall be entitled to issuance of a writ under section 2241 of title 28, United States Code or section 1361 of title 28, United States Code, to effectuate immediate release. In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols and not serving a sentence for any conduct not covered by this Act or serving multiple sentences as provided in section 3584 of title 18, United States Code, the Director of the Bureau of Prisons, United States Marshals Service, or United States Parole Commission shall release such individual from its control within 14 days after the date of enactment of this Act. Any person not so timely released and entitled to such under this provision shall be entitled to issuance of a writ under section 2241 of title 28, United States Code or section 1361 of title 28, United States Code, to effectuate immediate release. In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana, or tetrahydrocannabinols but is also serving a sentence for any other crime not considered a related nonviolent marihuana offenses by this Act, the sentencing court may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. This provision applies solely to persons who traded exclusively in marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols rather than other substances controlled under the Controlled Substances Act. This provision applies to each and every organ of the Federal Government. This provision does not apply to acts or transactions occurring after the passage of this Act that are not in compliance with this Act and other applicable laws. Questions of non-violence are reviewable in any proceeding initiated under this subsection

(d)or the following subsection (e). For an example of a person considered under this law to be a nonviolent cannabis offender based on the totality of facts in the case, please refer to the case of United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004). A person found guilty of a crime of violence under section 16(a) of title 18 of the United States Code ( 18 U.S.C. 16(a) ) is a violent offender for the purposes of this provision and ineligible for any relief under section 102 this Act. Notwithstanding any other provision of law, the Federal Government shall not pursue, and shall immediately desist any present administrative or enforcement action, or criminal or civil asset forfeiture proceeding, against any United States citizen where the cause of controversy is rooted in the illicit marihuana, as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols trade for nonviolent acts having occurred between the passage of the Marijuana Tax Act of 1937 ( Public Law 75–238 , 50 Stat. 551) and this Act, nor shall the proceeds of such trade or acts be considered the proceeds of illegal drug trade or any kind of criminal or illicit activity under sections 981, 1956 or 1957 of title 18, United States Code, or any other provision of law, even if such activity occurred before the date of enactment of this Act. This provision applies solely to persons who traded exclusively in marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols rather than other substances controlled under the Controlled Substances Act. This provision applies to each and every organ of the Federal Government. This provision does not apply to acts or transaction occurring after the passage of this Act that are not in compliance with this Act and other applicable laws. Notwithstanding any other provision of law, the provisions of subsection

(a)shall apply to proceedings involving military courts, tribunals, courts-martial, and offenses under the Uniform Code of Military Justice. Former servicemembers and veterans that received other than honorable, bad conduct, or dishonorable discharges premised solely on nonviolent cannabis offenses covered under this subsection

(a)shall be entitled to petition and receive from a service branch discharge review board or the Board of Correction for Military Records, as jurisdictionally appropriate, an upgrade to a general discharge. Section 3607(c) of title 18, United States Code, is amended— by striking If the case and inserting

(1)If the case ; by adding after thereof. the following: Not later than 1 year after the date of the enactment of this Act, each Federal district shall conduct a comprehensive review and issue an order expunging, without financial commitment from the offender, each conviction or adjudication for any Federal offense involving marijuana, marihuana as defined in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ), or tetrahydrocannabinols, and any related nonviolent marihuana offenses, entered by each Federal court in the district before the date of enactment of this Act. Each Federal court shall also issue an order expunging any arrests associated with each expunged conviction or adjudication unless the individual is associated with a foreign drug cartel. The expungement order shall direct that there be expunged from all official records all references to their arrest for the offense, the institution of criminal proceedings against them, and the results thereof. Any individual who otherwise qualifies for an expungement order under paragraph

(2)except for the fact that they was found to be associated with a foreign drug cartel shall have the right to petition any Federal court under this clause for an individualized determination for whether an expungement order should be granted. In determining whether to enter an expungement order after such a petition the judge shall consider the interest of public knowledge and safety, the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community, and the interest of the petitioner in having the protected information expunged. To the extent practicable, each Federal district shall notify each individual whose arrest, conviction, or adjudication of delinquency has been expunged pursuant to this subsection that their arrest, conviction, or adjudication of juvenile delinquency has been expunged, and the effect of such expungement. ; and by striking The effect of and inserting the following: The effect of . This section 102 of this Act is not meant to alter, change, create rights, or otherwise influence or upset determinations as to admission, exclusion, removal, waiver, denial of entry, or deportation under the Immigration and Nationality Act of 1952 ( 8 U.S.C. 1101 et seq. ), made based on a violation of the laws regarding marijuana of the United States or a signatory nation to 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, the 1972 Protocol Amending the Single Convention on Narcotic Drugs, or the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, before the enactment of this Act.

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