MORE Act of 2019

Decriminalizing Marijuana

On Wednesday, November 20, 2019, the House Judiciary Committee passed the MORE Act (Marijuana Opportunity Reinvestment and Expungement Act), a bill that takes an initial step toward decriminalizing and de-scheduling Marijuana at the federal level. The MORE Act also 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. The bill passed by a vote of 24-10, and now awaits consideration by the full House.

Jerry Nadler, the House Judiciary Committee Chairman, said in his opening statement:

For far too long, we have treated marijuana as a criminal justice problem instead of a matter of personal choice and public health. Whatever one’s views on the use of marijuana for recreational or medicinal purposes, arresting, prosecuting and incarcerating users at the federal level is unwise and unjust.

H.R.3884 – The Marijuana Opportunity Reinvestment and Expungement (MORE) 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.