; or (2) in determining whether to appoint the applicant to the covered position— (A) use the results of a test indicating that an applicant for a covered position used marijuana, in whole or in part; or (B) use any evidence that the applicant used marijuana. 303. Fair access to education (a) Short title This section may be cited as the Fair Access to Education Act of 2017 . (b) Exclusion of misdemeanor marijuana possession offenses from drug-Related offenses resulting in suspension of eligibility for financial assistance for higher education Section 484(r)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(r)(1) ) is amended by inserting after controlled substance the following: , but not including any misdemeanor offense for possession of marihuana (as such term is defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), . (c) Applicability; resumption of eligibility (1) Applicability The amendment made by subsection (a) shall apply to convictions for offenses described in the matter inserted by such amendment occurring before, on, and after the date of enactment of this Act. (2) Resumption of eligibility Any student whose eligibility for grants, loans, and work assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) was suspended under section 484(1) of such Act by reason of a conviction, before the date of enactment of this Act, for an offense described in the matter inserted by the amendment made by subsection (a) shall, unless otherwise ineligible for such assistance, resume eligibility upon such date of enactment. 304. Civil forfeiture exemption for marijuana facilities authorized by State law Section 511(a)(7) of the Controlled Substances Act ( 21 U.S.C. 881(a)(7) ) is amended— (1) by striking (7) All and inserting (7)(A) Except as provided in subparagraph (B), all