Marihuana Pretrial Diversion Act

Marihuana Pretrial Diversion Act - Amends the Controlled Substances Act to direct the Attorney General to establish a marihuana pretrial diversion program. Makes ineligible for this program any person who, during the past three years, has been convicted of a Federal offense relating to narcotic drugs, has participated in the diversion program, or was placed on probation for simple possession of a controlled substance.

Requires any Federal law enforcement officer to issue a field release citation to any person found in possession of not more than 30 grams of marihuana or not more than seven grams of hashish, in lieu of arresting such person for possession of such drug. Specifies circumstances in which such citation may not be issued.

Directs a magistrate or judicial officer to offer to eligible persons the opportunity to participate in the diversion program. Requires a person electing to participate to enter into a diversion agreement with an appropriate Federal law enforcement officer. Specifies the requirements of such agreement, including that failure to complete the program shall subject the person to arrest under applicable law and that upon completion of the program all official public records of such person's arrest, citation, or participation in the program will be expunged. Allows the Department of Justice to keep a non- public record of agreements for a three-year period solely for purposes of determining eligibility.

Requires persons participating in the program to be assessed a fee of $50 to $100 for administrative costs. Requires the diversion program to offer participants a drug-related individual and group counseling program.

Establishes a fund in the Department of the Treasury to enable the Attorney General to operate the diversion program.

Directs the Attorney General to report annually to Congress on the operations of the program and the extent to which State and local governments have established similar programs.