Marihuana Pretrial Diversion Act

Summary

Marihuana Pretrial Diversion Act - Amends the Controlled Substances Act to direct the Attorney General to establish a marihuana pretrial diversion program in which any person subject to arrest by Federal law enforcement officers solely for the possession of not more than 30 grams of marihuana or not more than seven grams of hashish may elect to receive drug-related counseling rather than be subject to criminal prosecution. Directs that, except as provided otherwise in this Act, persons found by Federal law enforcement officials in possession of such limited quantities of marihuana or hashish shall be issued a field release citation in lieu of being arrested. Requires any person who elects the diversion program to attend between five and 16 hours of such counseling during a period of not more than 40 days, or be subject to arrest and prosecution for failure to observe his or her diversion agreement. Requires the Attorney General to designate and specially train Federal employees as marihuana diversion officers responsible for the administration of such program. Authorizes the Attorney General to make grants to public or private nonprofit entities for planning and carrying out counseling courses. Requires participants to pay an assessed fee of between $50 and $100 to defray the expenses of such program. Denies eligibility for the diversion program to individuals who have participated in it within three years prior to an arrest for possession of marihuana, and for specified other reasons. Requires a nonpublic record of participation in such program to be kept solely for determining an individual's eligibility for participation in such a program during the three year period following completion of the course. Exempts any participant who has completed a diversion course from arrest and prosecution on the charge or count for which he or she became eligible to participate, and from perjury for failure to acknowledge participation. Establishes in the Treasury of the United States a fund for defraying the operating costs of the diversion program.

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1 official file

• Introduced in House

  summary · EN · 29 June 1978

  Open at official source

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