Destigmatizing in Immigration Act

To amend the Immigration and Nationality Act to provide that marijuana use, possession, and distribution may not be considered for determinations of whether a person is a person of good moral character, and for other purposes. 1. Short title This Act may be cited as the Destigmatizing in Immigration Act 2. Marijuana use, possession, and distribution not considered for good moral character or grounds for inadmissibility (a) In general The Immigration and Nationality Act ( 8 U.S.C. 1101 (1) in section 101 ( 8 U.S.C. 1101 (A) in subsection (a)(43)(B), by inserting other than the distribution of marijuana, (as defined in section 102 of the Controlled Substances Act) (B) in subsection (f)— (i) in paragraph (3), by striking a single offense of simple possession of 30 grams or less of marihuana offenses involving the use, possession, or distribution of marijuana (ii) by adding at the end the following: Notwithstanding any other provision of this Act, any offenses or conduct involving the use, possession, or distribution of marijuana shall not be considered in a determination of whether a person is a person of good moral character. (2) in section 212(a)(2) ( 8 U.S.C. 1182(a)(2) (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) other than a single offense involving possession for one's own use of 30 grams or less of marijuana 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). 3. Habitual drunkard repeal Paragraph (1) of section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f)

Summary: Destigmatizing in Immigration Act This bill removes various immigration-related penalties pertaining to marijuana and addresses related issues. Specifically, offenses involving marijuana use, possession, or distribution shall not be grounds for (1) barring an alien from admission into the United States, (2) removing an alien from the United States, or (3) finding that an alien lacks good moral character for immigration purposes. An alien who was previously barred or deported due to such marijuana-related offenses shall be readmitted into the United States. Under this bill, the distribution of marijuana shall not constitute an aggravated felony for immigration purposes. Furthermore, the bill repeals a statutory provision stating that habitual drunkards lack good moral character for immigration purposes.