A group of House Democrats has reintroduced sweeping legislation that would broadly reform the nation’s marijuana’s laws. Among other reforms, the bill would remove restrictions currently imposed on marijuana by the Controlled Substances Act.

H.R. 5068, the proposed Marijuana Opportunity Reinvestment and Expungement Act (MORE Act), “decriminalizes marijuana at the federal level, ending the patchwork of states laws,” the sponsors of the legislation said.

“The bill also aims to correct the historical and continued injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions,” they said, “creating new opportunities for individuals as they work to advance their careers, education, and overall quality of life.”

“As more states continue to legalize marijuana and public support increases, federal laws must catch up and reverse failed policies criminalizing marijuana,” said Rep. Jerrold Nadler, D-N.Y., the lead sponsor of H.R. 5068. “It is long past time to decriminalize marijuana at the federal level, expunge marijuana convictions, and facilitate resentencing, while reinvesting in the communities most adversely impacted by the War on Drugs.”

Details of the Bill

The bill would decriminalize marijuana at the federal level by removing the substance from scheduling under the Controlled Substances Act. The change would apply retroactively through rulemaking to prior and pending marijuana convictions and would enable the states to set their own policies, the sponsors said.

In addition, the legislation would require federal courts to expunge prior marijuana convictions, allow prior offenders to request expungements, and require courts, upon motion for a sentencing review hearing, to conduct resentencing hearings for those still under supervision.

The bill would authorize the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which would include three grant programs:

• A Community Reinvestment Grant Program would provide services to the individuals most adversely impacted by the War on Drugs, including job training, reentry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.
• A Cannabis Opportunity Grant Program would fund loans to help small marijuana businesses owned and controlled by socially and economically disadvantaged individuals.
• An Equitable Licensing Grant Program would help fund programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.

Moreover, the legislation would authorize Small Business Administration funding for legitimate cannabis-related businesses and service providers.

The bill includes nondiscrimination protections for marijuana use or possession and for prior convictions for a marijuana offense. It would prohibit any denial of a federal public benefit (including housing) based on the use or possession of marijuana or on a prior conviction for a marijuana offense. It would also provide that the use or possession of marijuana or a prior conviction for a marijuana offense would have no adverse impact under the immigration laws.

All benefits provided by the proposed legislation would be available to juvenile offenders, the sponsors noted.

Under the legislation, the Bureau of Labor Statistics would be directed to collect data on the demographics of the marijuana industry to ensure that people of color and those who are economically disadvantaged are participating in the industry.

At the time of its introduction Aug. 29, the bill had 39 cosponsors, as well as the support of a wide range of civil rights, criminal justice, drug policy and immigration groups.

H.R. 5068 was referred to several House committees for consideration.