Tuesday, November 19, 2019
US House Judiciary Committee to hold mark up of MORE Act proposing federal decriminalization of marijuana on Nov 20
As detailed in this press release, "House Judiciary Committee Chairman Jerrold Nadler (D-NY) [Monday] announced the Committee will hold a markup on Wednesday, November 20, 2019 of H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act), comprehensive legislation to decriminalize marijuana at the federal level, reassess marijuana convictions, and invest in local communities. Senator Kamala Harris (D-CA) introduced the companion bill in the Senate." Here is more about MORE moving forward legislatively:
Ahead of the markup, on Tuesday, November 19, 2019, Chairman Nadler, Rep. Barbara Lee (D-CA), Rep. Earl Blumenauer (D-OR) and additional Members of Congress, will hold a press conference to highlight the legislation.
"Our marijuana laws disproportionately harm individuals and communities of color, leading to convictions that damage job prospects, access to housing, and the ability to vote." said Chairman Nadler. "Recognizing this, many states have legalized marijuana. It’s now time for us to remove the criminal prohibitions against marijuana at the federal level. That’s why I introduced the MORE Act, legislation which would assist communities disproportionately impacted by the enforcement of these laws. I am grateful for the leadership of Rep. Barbara Lee and Rep. Blumenauer, as well as other Members of Congress who have helped pave the way for this important measure. I look forward to moving this legislation out of the House Judiciary Committee, making it one step closer to becoming law."
"Our federal cannabis policies have been rooted in the past for far too long. As states continue to modernize how we regulate cannabis, Congress has a responsibility to ensure that our policies are fair, equitable, and inclusive," said Congresswoman Lee. "As Co-Chair of the bipartisan Cannabis Caucus, I am pleased to see Chairman Nadler and the Judiciary Committee take this historic step in marking up the Marijuana Opportunity Reinvestment & Expungement (MORE) Act. I’m pleased that this critical bill includes key tenets from my own legislation to right the wrongs of the failed and racist War on Drugs by expunging criminal convictions, reinvesting in communities of color through restorative justice, and promoting equitable participation in the legal marijuana industry. I applaud Chairman Nadler for his leadership and look forward to seeing this bill move out of committee."
Tuesday Press Conference on MORE Act
Date: November 19, 2019
Time: 11:00 a.m.
Location: Rayburn House Office Building Room 2237, Washington, D.C. Live stream: https://www.facebook.com/HouseJudDems/
Wednesday Markup of the MORE Act
Date: November 20, 2019
Time: 10:00 a.m.
Location: Rayburn House Office Building Room 2141, Washington, D.C. Live stream: https://www.youtube.com/channel/UCVvv3JRCVQAl6ovogDum4hA
The Marijuana Opportunity Reinvestment and Expungement Act:
- Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
- Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
- Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
- The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.
- The Cannabis Opportunity Grant Program: Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
- The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
- Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
- Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
- Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
- Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
- Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.
The full text of the MORE Act is available at this link. Based on my email traffic, I know a lot of marijuana reform groups are very excited about this legislative development. But I will await news that the full House will be voting on the bill, as well as some indication that the Senate might be interested in taking up any marijuana reform proposals, before thinking that federal reform is anywhere close to becoming a reality.
As noted in this prior post when the MORE Act was first introduced, I am excited that the most comprehensive federal marijuana reform bill to be getting attention includes a provision (Section 5) establishing a "Cannabis Justice Office" within the within the federal Office of Justice Programs. In my 2018 article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I make the case for using marijuana revenues to help build an institutional infrastructure for helping to remediate the various harms from the war on drugs. Though this proposed Cannabis Justice Office is not exactly what I had in mind, I am thrilled to see a major reform bill focus on creating an infrastructure for continued emphasis on justice and equity issues.
Prior related post: