Marijuana Opportunity Reinvestment and Expungement Act

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Marijuana Opportunity Reinvestment and Expungement Act of 2021
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Long titleTo decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes.
Legislative history

The Marijuana Opportunity Reinvestment and Expungement Act, also known as the MORE Act, is a proposed piece of U.S. federal legislation that would deschedule cannabis from the Controlled Substances Act and enact various criminal and social justice reforms related to cannabis, including the expungement of prior convictions.

Contents

Introduced by Jerry Nadler on May 28, 2021, the House of Representatives passed the bill for the second time on April 1, 2022.

Provisions

Provisions of the act include: [1] [2] [3]

According to USA Today , "[t]he trust funds the Act would create include the Community Reinvestment Grant, which would provide funding for services such as job training, re-entry services and legal aid; the Cannabis Opportunity Grant, which would provides funds to assist small businesses in the pot industry; and the Equitable Licensing Grant, which minimizes barriers to gain access to marijuana licensing and employment for those most impacted by the so-called war on drugs." [4] States would maintain their own laws regarding the substance, including whether to legalize it locally. [5]

Due to reduced law enforcement activity and prison costs associated with marijuana-related crimes, the bill would reduce federal expenditures by hundreds of millions of dollars, according to the New York Times. The Congressional Budget Office (CBO) estimates that the bill would reduce the deficit by almost $3 billion over ten years. [6]

History

Marijuana Opportunity Reinvestment and Expungement Act of 2019/2020

Matching bills were introduced to the House of Representatives by Jerry Nadler and to the Senate by Kamala Harris on July 23, 2019. At the time, Harris was a 2020 Democratic Party candidate for U.S. president. [7]

The act was passed with a 24–10 majority by the House Judiciary Committee following markup on November 20, 2019. [8] [9] Only two Republicans voted in favor. [5] This was the first time in history a congressional committee approved a bill to end federal marijuana prohibition. [10] [11] The legislation was scheduled for a hearing by the House Energy and Commerce Committee Subcommittee on Health on January 15, 2020, titled "Cannabis Policies For The New Decade". [12] [13]

According to a message released by Majority Whip Jim Clyburn's (D-SC) office, the House would vote on the bill in September 2020. [5] House Majority Leader Steny Hoyer, in a letter to colleagues, confirmed that the vote would occur by the end of September. [14] This was later delayed until later in the year as a result on needing to focus on COVID-19-related spending. [15]

Following the November 2020 elections, Hoyer announced the bill would get a floor vote in December. [16] Following debate on the House floor on December 3, a vote was scheduled for December 4, [17] when the bill passed with a 228–164 majority, mostly along party lines, marking the first time a chamber of Congress approved legislation to end federal marijuana prohibition. [18]

222 Democrats voted for the bill, while Cheri Bustos, Henry Cuellar, Conor Lamb, Dan Lipinski, Chris Pappas, and Collin Peterson were the six Democrats voting against. [19] 158 Republicans voted against the bill, while Matt Gaetz, Brian Mast, Tom McClintock, Denver Riggleman, and Don Young were the five Republicans voting in favor. [20] The sole Libertarian in the House, Justin Amash, also voted for the bill. [19]

Marijuana Opportunity Reinvestment and Expungement Act of 2021

Nadler reintroduced the bill to Congress on May 28, 2021, with some changes. [21] On September 30, 2021, the House Committee on the Judiciary referred the bill for a vote by the House. [22] [23] On March 24, it was scheduled to be considered for a House floor vote sometime the following week, pending a House Rules Committee hearing. [24] [25] [26] On March 30, the Rules Committee cleared the bill for a House floor vote with amendments related to immigration, studies on workplace and traffic safety, and security clearances. [27] [28] On April 1, the bill passed in the House on a 220–204 vote. [29]

Legislative history

As of May 6, 2024:

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
116th Congress MORE Act of 2019 H.R. 3884 July 23, 2019 Jerry Nadler (D-NY)120Passed in the House
S.2227 July 23, 2019 Kamala Harris (D-CA)8Died in Committee
117th Congress MORE Act of 2021 H.R. 3617 May 28, 2021 Jerry Nadler (D-NY)114Passed in the House
118th Congress MORE Act of 2023 H.R. 5601 September 20, 2023 Jerry Nadler (D-NY)87Referred to committees of jurisdiction

Support and opposition

In August 2020, on the behalf of a long list of civil rights and drug policy activist groups, Vanita Gupta sent a letter to Democratic congressional leaders calling for a vote on the act. The letter states that "In the face of the evolving COVID-19 pandemic and a growing national dialogue on unjust law enforcement practices, marijuana reform as a modest first step at chipping away at the War on Drugs is more relevant and more pressing than ever before." [30] [31]

On June 1, 2021, Amazon's consumer CEO announced the company's support for the bill and that it would no longer test non-transportation workers for cannabis use. [32] Amazon also announced that it would use its "public policy team" (lobbying resources) to back the bill. [33] On June 4, the Leadership Conference on Civil and Human Rights published a letter urging Congress to pass the bill. [34]

In comparison to the first iteration of the MORE Act in 2019/2020, the Act of 2021 had less GOP support. Thomas Massie (R-KY), a supporter of cannabis legalization, criticized the bill stating that it would create "new marijuana crimes" with each violation punishable by up to five years in prison and a $10,000 fine. [35] Senate Majority Leader Chuck Schumer (D-NY) proposed the Cannabis Administration and Opportunity Act that would, in addition to legalizing cannabis, implement a federal excise tax on marijuana starting at 10 percent and rising to 25 percent by the fifth year, which would be in addition to the state and local taxes and additional taxes and regulations. [36] Proponents of cannabis legalization are skeptical that this or similar bills will pass as so called "Liberty Republicans", such as Massie who would support cannabis legalization, have expressed that they will not support legislation that broadens government authority over the regulation of the plant. [37]

Related Research Articles

<span class="mw-page-title-main">Jerry Nadler</span> American politician and lawyer (born 1947)

Jerrold Lewis Nadler is an American lawyer and politician who since 2023 has served as the U.S. representative for New York's 12th congressional district, which includes central Manhattan. A member of the Democratic Party, he was first elected to Congress in 1992 to represent the state's 17th congressional district, which was renumbered as the 8th district from 1993 to 2013 and as the 10th from 2013 to 2023. Nadler chaired the House Judiciary Committee from 2019 to 2023. In his 17th term in Congress, Nadler is the dean of New York's U.S. House delegation. Before his election to Congress, he served eight terms as a New York State Assemblyman.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span>

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move marijuana to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Wisconsin</span>

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Virginia</span>

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in Pennsylvania</span>

Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">Cannabis in New Mexico</span>

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

<span class="mw-page-title-main">Cannabis in Maryland</span>

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">SAFE Banking Act</span> U.S bill regarding cannabis businesses and banking

The SAFE Banking Act, officially H.R. 1595, full title Secure and Fair Enforcement (SAFE) Act, also referred to as the SAFE Banking Act of 2019, and as of 2023 the Secure and Fair Enforcement Regulation (SAFER) Banking Act, is proposed legislation regarding disposition of funds gained through the cannabis industry in the United States.

U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.

<span class="mw-page-title-main">Cannabis Administration and Opportunity Act</span>

The Cannabis Administration and Opportunity Act is a proposed bill in the United States Congress to recognize legalization of cannabis by the states. The authors are Senate Majority Leader Chuck Schumer, Senator Cory Booker, and Senator Ron Wyden.

<span class="mw-page-title-main">2022 Maryland Question 4</span>

Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it, on November 8, 2022, and went into effect on July 1, 2023.

References

  1. ↑ The MORE Act: House Plans Historic Vote on Federal Marijuana Legalization, Congressional Research Service, November 25, 2020, Legal Sidebar LSB10556
  2. ↑ Wright, Jasmine; Lah, Kyung (July 23, 2019). "Kamala Harris and Jerry Nadler team on plan to decriminalize pot, expunge convictions". CNN . Retrieved December 3, 2020.
  3. ↑ Sullum, Jacob (July 23, 2019). "The Harris-Nadler Marijuana Bill Goes Further Than Others in Ways Good and Bad". Reason . Retrieved December 3, 2020.
  4. ↑ Morin, Rebecca (July 23, 2019). "Kamala Harris once opposed legalizing marijuana. Now she wants to decriminalize it". USA Today. Retrieved December 3, 2020.
  5. 1 2 3 Fertig, Natalie (August 28, 2020). "House set to vote on marijuana legalization". Politico . Retrieved August 28, 2020.
  6. ↑ Weisman, Jonathan (April 1, 2022). "House Votes to Decriminalize Cannabis". The New York Times. ISSN   0362-4331 . Retrieved April 8, 2022.
  7. ↑ LaVito, Angelica (July 23, 2019). "Nadler, Harris to introduce bill decriminalizing pot, expunge marijuana convictions". CNBC . Retrieved December 3, 2020.
  8. ↑ Budryk, Zack (November 18, 2019). "House to hold markup Wednesday on marijuana decriminalization bill". The Hill . Retrieved December 3, 2020.
  9. ↑ Lovelace, Berkeley Jr. (November 20, 2019). "House committee approves landmark bill legalizing marijuana at the federal level". CNBC. Retrieved December 3, 2020.
  10. ↑ Angell, Tom (November 20, 2019). "Marijuana legalization bill approved by congressional committee in historic vote" . The Boston Globe . Retrieved December 3, 2020.
  11. ↑ Donohue, Caitlin (November 20, 2019). "House Judiciary Committee Approves Historic MORE Act – The cannabis legalization bill will now move to a floor vote in the House". High Times . Retrieved December 3, 2020.
  12. ↑ Blistein, Jon (January 14, 2020). "Hot Box the House: Inside the Marijuana Bills Congress Will Debate This Week". Rolling Stone. Retrieved December 3, 2020.
  13. ↑ "Cannabis Policies For The New Decade". United States House Committee on Energy and Commerce . Archived from the original on January 14, 2020. Retrieved January 14, 2020.
  14. ↑ Wong, Scott (August 31, 2020). "House to tackle funding, marijuana in September". The Hill. Retrieved December 3, 2020.
  15. ↑ Ferris, Sarah; Fertig, Natalie (September 17, 2020). "House punts marijuana vote". Politico. Retrieved September 17, 2020.
  16. ↑ Fertig, Natalie (November 9, 2020). "House will vote on cannabis legalization bill in December". Politico. Retrieved December 3, 2020.
  17. ↑ Jaeger, Kyle (December 3, 2020). "Congress Begins Debate On Marijuana Legalization Bill, With Final Vote Expected Friday". Marijuana Moment. Retrieved December 3, 2020.
  18. ↑ Walsh, Deirdre (December 4, 2020). "House Approves Decriminalizing Marijuana; Bill To Stall In Senate". NPR.org. Retrieved December 5, 2020.
  19. 1 2 Stracqualursiv, Veronica; Dezenski, Lauren (December 4, 2020). "House passes bill decriminalizing marijuana at federal level". CNN. Retrieved December 4, 2020.
  20. ↑ Swanson, Ian (December 4, 2020). "Five Republicans vote for bill to decriminalize marijuana". TheHill. Retrieved December 5, 2020.
  21. ↑ Hutzler, Alexandra (May 28, 2021). "Bill to Federally Decriminalize Marijuana, Expunge Records Reintroduced in Congress". Newsweek . Retrieved June 5, 2021.
  22. ↑ Jonathan D. Salant (September 30, 2021), Ending federal ban on marijuana clears key House committee, nj.com
  23. ↑ Lauren Clason (September 30, 2021), "House committee advances bill to legalize marijuana", Roll Call
  24. ↑ Cristina Marcos (March 24, 2022), "Marijuana legalization bill nears House floor vote next week", The Hill
  25. ↑ "Text of Bills for the Week of Mar. 28, 2022". Official website. United States House of Representatives. March 24, 2022.
  26. ↑ Steve Gelsi (March 24, 2022). "House plans to vote for a second time on cannabis measure". MarketWatch.
  27. ↑ Carney, Jordain (March 28, 2022). "This week: House set to vote on marijuana legalization bill". The Hill.
  28. ↑ Tony Lange (March 31, 2022). "MORE Act Clears Rules Committee, Heads to House Floor". Cannabis Business Times.
  29. ↑ Cristina Marcos. "House approves bill legalizing marijuana". The Hill.
  30. ↑ Best, Paul (August 29, 2020). "Marijuana decriminalization vote expected in House". Fox News. Retrieved September 1, 2020.
  31. ↑ Gupta, Vanita (August 13, 2020). "Marijuana Opportunity Reinvestment and Expungement (MORE) Act Letter". The Leadership Conference on Civil and Human Rights. Retrieved September 1, 2020.
  32. ↑ Palmer, Annie (June 1, 2021). "Amazon Backs Federal Bill to Legalize Marijuana and Adjusts Its Drug Testing Policy for Some Workers". CNBC News. Retrieved June 5, 2021.
  33. ↑ Hernandez, Marcus (June 2, 2021). "Amazon backs marijuana legalization, drops weed testing for some jobs". Reuters . Retrieved June 8, 2021.
  34. ↑ Jarvis, Sarah. "House Urged To Vote On Revised Pot Decriminalization Bill" . Law360 . Lexis-Nexis. Retrieved June 5, 2021.
  35. ↑ "When Will Democrats Get Serious About Repealing Pot Prohibition?". April 6, 2022. Retrieved April 7, 2022.
  36. ↑ "Cannabis Administration and Opportunity Act" (PDF). Retrieved April 7, 2022.
  37. ↑ "Are Democrats Serious About Legalizing Marijuana?". November 2021. Retrieved April 7, 2022.

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