As the Trump Administration considers rescheduling cannabis, Congressional Democrats filed a federal bill that would legalize it by descheduling its entire classification.
The new law does not only remove the drug from Controlled Substances Act, but also includes a number of other provisions that are meant to address equity issues and the negative collateral effects of prohibition.
Jerrold N. Nadler, D-NY, reintroduced on Friday the Marijuana Opportunity, Reinvestment and Expungement Act (MORE), along with three dozen other cosponsors.
Nadler is presenting the proposal for the fourth time in a line. The proposal passed twice through the House under Democratic control, while its sponsor was chairman of the Judiciary Committee. However, it failed to advance during the last session when Republicans were in majority.
Nadler stated in a recent press release that federal law must keep up with the increasing number of states legalizing marijuana, and the public’s support for this policy. The federal government should decriminalize the use of marijuana, expunge convictions for marijuana, facilitate sentencing and invest in those communities hardest hit by the War on Drugs.
Despite uncertainty about its prospects of advancing this Congress—especially at a time when President Donald Trump is actively considering a more modest proposal to simply reschedule cannabis—advocates are again touting the MORE Act as an example of the type of wide-ranging cannabis reform legislation would take necessary steps to right the wrongs of prohibition and promote social equity.
It is consistent with previous iterations. However, there are some minor technical differences, including the inclusion of updated statistics in its Findings section.
The bill’s initial co-sponsors include Reps. Dina T. Titus, Ilhan Omar, Lou Correa, Ted Lieu and Eleanor Holmes Norton.
Maritza Perez-Medina, Director of Federal Affairs at Drug Policy Alliance, said: “For decades marijuana criminalization has disproportionately impacted people of color, and those living in low-income areas.” This policy of criminalizing marijuana has resulted in mass incarceration and deportation as well as lost economic opportunities.
The MORE Act will address both the economic and social harms that marijuana criminalization has caused, she added. The harms caused by federal marijuana prohibition will persist if we don’t deschedule. That is why MORE should be co-sponsored by members of Congress.
Here are details about the key provisions of the MORE Act:
- This bill will de-schedule cannabis by removing the drug from the federally prohibited drugs list under the CSA. It would still not force states to legalize the drug and leave it up to their discretion.
- The federal excise taxes on marijuana products will be five percent in the first two year after the law is passed, and eight percent the following year.
- Federal benefits cannot be withheld solely because of the possession, use or abuse of cannabis or an old juvenile conviction. Federal agencies cannot use past or current cannabis or pot use to grant, deny, or revoke a clearance.
- The federal immigration law does not punish people who have been convicted or engaged in cannabis related activities, before or after legalization.
- This bill establishes an expungement process for non-violent marijuana federal convictions.
- The tax revenue generated by cannabis sales will be put into a “Opportunity Trust Fund.” A “Community Reinvestment Grant Program,” under the Justice Department’s jurisdiction, would receive half the revenue. Ten percent of that money would be used to support programs for substance abuse. Forty percent of it would go to federal Small Business Administration, to assist with implementation, and to a newly-created equitable licensing grant.
- The Community Reinvestment Grant Program would “fund eligible non-profit community organizations to provide a variety of services for individuals adversely impacted by the War on Drugs…to include job training, reentry services, legal aid for civil and criminal cases (including for expungement of cannabis convictions), among others.”
- This program will also support the funding of substance abuse treatment programs for those from areas disproportionately affected by criminalization. These funds could be used to fund programs that offer services for people who have substance abuse disorders, and not only for cannabis.
- The bill would not force any state to legalize marijuana, but it could create incentives for states that have taken steps to eliminate prior convictions or to reduce penalties. SBA could, for instance, facilitate a licensing grant program for states or municipalities that are taking steps to erase records of marijuana-related crimes or violations for those still subject to State or Local criminal supervision.
- The Cannabis Restorative Opportunity Program proposed by the bill will provide “funds for loans to small business concerns owned and controlled individuals who are adversely affected in States and municipalities that qualify” by the War on Drugs.
- Comptroller General, with consultation from the U.S. Department of Health and Human Services, would need to do a study of demographics of individuals who were convicted of marijuana charges under federal law, including “information about age, ethnicity and race, as well gender, sexual orientation, and gender identification.”
- Within one year after its passage, the departments of Treasury, Justice, and SBA must “issue or modify any rules, operating procedures or other legal or policies guidance needed to implement the MORE Act”.
- Producers and importers of marijuana would need to apply for a federal license. A $1,000 federal tax would also apply to each of their premises.
- Bill would require certain labeling and packaging requirements.
- The law also imposes sanctions for illegal conduct, such as the production of marijuana products without a license or their importation.
- Treasury secretary will be expected to complete a report “on characteristics of the Cannabis industry” with suggestions to improve regulation of industry and taxation.
- It would require the Bureau of Labor Statistics to compile and maintain data regularly on marijuana workers and business owners.
- Employees in positions that are “safety-sensitive”, such as those under the Department of Transportation’s jurisdiction, may continue to undergo drug tests for THC, and could face sanctions for unauthorised use. The existing policies for drug testing would continue to apply to federal workers.
- In federal law, references to “marijuana”, “marihuana”, or “marihuana”, would now be “cannabis.” There’s no way to know if this would apply also to the title.
Dasheeda Dawson, board chair of Cannabis Regulators of Color Coalition (CRCC) said the organization “endorses the MORE Act because it delivers comprehensive reform America needs—ending prohibition while mandating equity, expungement and investment that communities most impacted by prohibition have long deserved.”
It is difficult to get a bill such as the MORE Act passed through the GOP controlled House and Senate. Trump has endorsed Florida’s ballot legalization initiative but has not indicated he would be open to ending prohibition at the federal government level.
A pending proposal to simply move cannabis from Schedule I to Schedule III under the CSA, which would not legalize it, is still in flux—though the president did recently say a decision was imminent.
Jason Ortiz is the director of strategic initiatives for the Last Prisoner Project. He said, that for many decades “cannabis prohibition punished people for behavior that the majority of Americans believed should be legal”.
He said that the MORE Act, in addition to de-scheduling marijuana, offers long overdue relief because it automatically exonerates convictions. This will free people who are still behind bars. It’s now time for Congress pass this bill to bring real justice to countless families and individuals who still bear the scars from cannabis criminalization.
The cannabis reform bill has not been passed in Congress this year.
In the beginning of this month, one Republican congressman proposed legislation that would move marijuana into Schedule III. The proposal is very similar to what the Trump administration has been considering.
A second measure, filed in the last few months, is designed to assist small marijuana producers compete with large corporations once cannabis becomes federally legal.
In May, GOP lawmakers introduced a bill that prohibits people from using financial aid provided by the federal government at marijuana dispensaries.
A Republican congressman introduced the first cannabis legislation of this session, which was designed to prevent military veterans losing their government benefits if they use medical marijuana in accordance with state laws.
It is doubtful that the MORE Act, which would allow marijuana to be legalized and implement equity-based policies that have been historically opposed by key GOP members, will ever get passed.
Advocates are continuing to press for reform and arguing that it is time now.
Kat Murti said, “The House created history by passing the MORE Act during the 116th & 117th Congresses.” Kat Murti is the executive director for Students for Sensible Drug Policy. The House is once again setting the pace, and the Senate needs to act quickly in order to deliver justice and opportunities across the country.
The young people of today deserve to be freed from the harmful effects of prohibition for the rest of their lives. Therefore, we call on Congress to quickly pass this bill and to start repairing injustices caused over decades of criminalization.
Morgan Fox said the NORML political director that, as the states move “away from their failed attempts at cannabis prohibition,” it was incumbent upon Congress, to solve the conflicting state-federal law issues and repair any damage left by nearly a hundred years of destructive criminalization policies.
This legislation is the result of the desires of two thirds or more of the American people. It will establish a federal cannabis regime that respects state rights, and is grounded in science, pragmatism and justice,” said he. We strongly encourage lawmakers from both sides to support and consider the MORE Act.
Below you can read the entire text of the newly passed marijuana legislation by the US Congress.
Philip Steffan provided the photo.