A leading House Democrat reintroduced a federal bill that would legalize, tax, and regulate marijuana. The bill also included provisions for expunging prior cannabis convictions.
Jerrold N. Nadler, D-NY, ranking member of House Judiciary Committee, refiled the Marijuana Opportunity, Reinvestment and Expungement Act (MORE) on Wednesday. The bill has 33 cosponsors, all Democrats.
It’s the first time that the comprehensive legalization bill is being introduced under Republican control. Jim Jordan, a Republican from Ohio who is anti-cannabis, chairs the Judiciary Committee.
The prospects for a modest bill on marijuana banking that is set to be heard in committee in the Senate next Wednesday, are also uncertain under the GOP majority in the House. A GOP-led House committee did, however, advance legislation on Tuesday to prevent the rejection of federal employment and security clearances because of a candidate’s past cannabis usage.
The MORE Act has long been hailed by advocates as a model of sweeping cannabis reform legislation, which would not only end the prohibition of cannabis but also take steps to correct the injustices of prohibition and promote societal equity.
Details about the MORE Act
Nadler’s MORE Act will deschedule cannabis by removing the drug from the federally prohibited drugs list under the Controlled Substances Act. The MORE Act would not force states to legalize marijuana and would leave a degree of regulatory discretion to the states.
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 fifth year.
No one could be denied federal benefits solely because of the possession or use of marijuana, or a past juvenile conviction for cannabis offenses. Federal agencies could not use “past cannabis or marijuana use” as a criterion for granting or denying a security clearance.
Federal immigration laws do not penalize people for cannabis-related activities or convictions, regardless of whether they occurred before or following the passage of legalization legislation.
The bill establishes a process to expunge federal marijuana convictions that are not violent.
The tax revenue generated by cannabis sales will be deposited in a new “Opportunity Trust Fund”. Half of the funds collected from the sale of cannabis would go towards a “Community Reinvestment Grant Program”, 10 percent to substance abuse treatment programs and 40 percent to the federal Small Business Administration to help implement a newly created grant program for equitable licensing.
The Community Reinvestment Grant Program “funds eligible non-profit organizations to provide various services for individuals adversely affected by the War on Drugs…including job training, reentry, legal aid in civil and criminal cases, including for expungement cannabis convictions, among others.”
The program will also support funding for substance abuse treatment for those from communities that are disproportionately affected by drug criminalization. These funds could be used to fund programs that offer services for people who have substance abuse disorders, and not just for cannabis.
The bill would not force states to legalize marijuana, but it would provide incentives to promote equity. SBA, for example, would facilitate a licensing grant program for states and localities who have taken steps to expunge prior marijuana convictions from people’s records or “taken measures to eliminate violations or penalties for persons under state or local criminal supervision” for cannabis-related crimes or for conduct that is now legal under state or local law.
The proposed Cannabis Restorative Opportunity Program in the bill would provide “funds for loans to small business concerns owned and controlled individuals who have been adversely affected by the War on Drugs within eligible States and Localities.”
In consultation with the U.S. Department of Health and Human Services’ (HHS) head, the comptroller general would be required, to conduct a study of the demographics of those who had been convicted of federal marijuana offenses. “This includes information about age, race and ethnicity, gender, and sexual orientation.”
Within one year after its enactment, the departments of Treasury, Justice, and SBA must “issue or modify any rules, standard operational procedures, or other legal or policy guidelines necessary to implement the MORE Act”.
Producers and importers of marijuana would also be required to get a federal license. They would also be subject to a federal tax of $1,000 per year for each location they operate.
The bill would require certain labeling and packaging requirements.
The law also imposes sanctions for illegal conduct, such as the production or importation without a license of cannabis products.
The Treasury Secretary would have to conduct a study on “the characteristics of the cannabis sector, and make recommendations for improving the regulation of this industry and its taxes.”
The Bureau of Labor Statistics would have to “regularly collect, maintain and make public” data about marijuana workers and business owners.
Workers in “safety-sensitive” positions such as those who are regulated by the Department of Transportation could continue to undergo drug tests for THC, and be penalized for unauthorised use. Federal workers will also be subject to the existing drug testing policy.
Referring to marijuana or marihuana in federal legislation would be replaced by “cannabis”. It is unclear if this would also apply to title of bill.
Some activists say the MORE Act is outdated and does not realistically address the need for a truly justice-focused legalization that involves a fair and equitably market.
Shaleen title, founder and director of Parabola Center for Law and Policy told Marijuana Moment that the MORE Act wasn’t meant to be an act to address federal regulation. It was an historic bill when first introduced, addressing systemic racial inequalities and demonstrating that social justice is a part of federal reform. But it has not fully addressed the economic justice aspect.
She said, “We are in a time of rapid corporate consolidation. It is possible that large pharmaceutical companies will enter the industry soon.” “Outdated legalization laws like this could lead to monopolization and put small farmers out of business, as well as undermine the goals of state cannabis programs for public health and racial equality. All of them should be updated to include a regulatory structure that is intentional and a plan for transitioning to a nationwide market.
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The chances that the Republican leadership will allow the Democratic-led bill to pass are also dubious. Speaker Kevin McCarthy, R-CA, has supported certain cannabis banking legislation and research legislation. However he voted against MORE Act during the last Congress.
As part of the various spending packages in this session, several bipartisan cannabis amendments have been blocked from being considered by floor committees.
The MORE Act was reintroduced in response to a federal cannabis schedule review directed by President Joe Biden last year. After completing a scientific review, the U.S. Department of Health and Human Services has recommended that the Drug Enforcement Administration move marijuana from Schedule II to Schedule III.
A Congressional Research Service report published this month stated that it was “likely”, DEA would follow the HHS recommendation based on previous precedent. However, the law enforcement organization does not have adhere to the HHS’s recommendation.
More than a dozen House Republicans and Senate Republicans wrote to the head of the DEA last Monday, urging him to reject the HHS analysis. They also urged the agency to keep marijuana on Schedule I.
Rep. Greg Murphy, R-NC, sent a separate letter last week to HHS Secretary Xavier Becerra that expressed concern over the agency’s rescheduling recommendations. He also asked the official several questions regarding how the decision was made.
A group funded by alcohol and tobacco companies is pushing the federal government to issue marijuana tax stamps in order to combat the illicit market
Photo by Mike Latimer.
The article House Democrats File Marijuana Legalization And Expunction Bill first appeared on Marijuana Moment.
