TONY LANGE | JANUARY 11, 2024
This article was originally published Sept. 21, 2023, and most recently updated Jan. 11, 2024, to reflect additional co-sponsors for the bill.
Just as major movement on incremental cannabis reform to allow industry banking got teed up in the U.S. Senate, a ranking member in the U.S. House created new thunder with his reintroduction of a broader legalization bill.
Rep. Jerry Nadler, D-N.Y., the top Democrat in the U.S. House Judiciary Committee, introduced the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act on Sept. 20. The legislation (H.R. 5601) intends to legalize cannabis at the federal level through decontrolling and decriminalizing the plant, as well as provide expungements for certain cannabis offenses and create reinvestment opportunities for those adversely impacted by prohibition.
Reps. Earl Blumenauer, D-Ore., Barbara Lee, D-Calif., Sheila Jackson Lee, D-Texas, and Nydia Velázquez, D-N.Y., joined Nadler on the Sept. 20 introduction.
In a press released issued Sept. 22 by Nadler's office, the House Democrats said the MORE Act will create new opportunities for individuals as they work to advance their careers, education and overall quality of life.
"It’s no secret that our federal cannabis laws are outdated and out-of-touch,” said Lee, who co-chairs the Congressional Cannabis Caucus. “Cannabis is now a multibillion dollar industry, and yet Congress continues to lag behind the 38 states that have legalized either adult-use or medical cannabis. But we can’t just stop with decriminalization. I am proud to co-lead a bill that represents the most progressive, comprehensive piece of cannabis legislation in U.S. history: not only would it decriminalize marijuana, it would expunge marijuana convictions and reinvest in our communities—especially Black communities and those most impacted by the war on drugs. ... I urge my colleagues to support this bill to advance racial justice and bring the federal government into the 21st century.”
Notably, the bill was filed with 33 original co-sponsors in the House and another 13 representatives adding their names to the bill the next day, all of whom are Democrats, which is indicative of the legislation’s partisan history. Previous versions of the MORE Act have passed the U.S. House twice before, most recently in a 220-204 vote that fell almost entirely along party lines in April 2022.
UPDATE: Another 36 Democratic representatives have signed on as co-sponsors since for a total of 82 as of Jan. 11.
“It is long past time for the federal government to recognize that legalization has been a resounding success, that the conflict with federal law has become untenable,” Nadler said before last year’s vote on the House floor. “Criminal penalties for marijuana offenses and the resulting collateral consequences are unjust and harmful to our society. The MORE Act comprehensively addresses these injustices.”
RELATED: U.S. House Passes MORE Act, Again
A legislative staffer with Nadler’s Washington, D.C., office confirmed with Cannabis Business Times that the 2023 text for the MORE Act is identical to the bill that passed last Congress on the House floor.
MOREAct_2023 by Tony Lange on Scribd
First introduced in July 2019, the MORE Act also passed the U.S. House via a 228-164 vote in December 2020: Only six Democrats and five Republicans strayed from their party lines in that vote.
Both passages came when Democrats owned a majority in the lower chamber, which is no longer the case this Congress. Presenting a major hurdle from the get-go, the 2023 iteration of the bill faces an immediate test in the Judiciary Committee, which is now chaired by Jim Jordan, R-Ohio, who voted against the MORE Act in both the 2020 and 2022 roll calls.
In addition to the House Judiciary, the 2023 MORE Act has been referred to eight other committees in the lower chamber.
In addition to ending the federal prohibition of cannabis, the MORE Act intends to impose a federal tax on cannabis sales (starting at 5% for the first two years and increasing to 8% by the fifth year of implementation). Revenue from this tax, in part, would go toward addressing the needs of communities that have been “seriously” impacted by federal prohibition policies, including aiding in the increased participation of communities of color in the burgeoning cannabis market, according to Nadler.
Under the bill, cannabis tax revenue would go into an “Opportunity Trust Fund,” from which 60% would go to the U.S. Attorney General’s office to carry out portions of the Omnibus Crime Control and Safe Streets Act of 1968, which is designed to assist state and local governments in reducing the incidence of crime and to increase the effectiveness, fairness and coordination of law enforcement and criminal justice systems at all levels of government. More definitively, the money would primarily be used for community reinvestment grants and drug treatment programs.
In addition, the bill would authorize the appropriation of $10 million for the National Highway Traffic Safety Administration to conduct a study on technologies and methods that law enforcement may use to determine whether a driver is impaired by cannabis.
The MORE Act also aims to direct the National Institute for Occupational Safety and Health (NIOSH) to conduct a study on the impact of legalization to the workplace, using states that have legalized adult-use cannabis as a guide, and requires NIOSH to develop best practices for employers as companies transition their policies related to cannabis, prioritizing employers engaged in federal infrastructure projects, transportation, public safety and national security.
The bill also directs the Department of Education to conduct a study on the impact of legalization to schools and school-aged children, again, using states that have legalized adult-use cannabis as a guide, and requires the Department of Education to develop best practices for educators and administrators to protect children from any negative impacts.
Nadler’s reintroduction of the MORE Act comes on the eve of next week’s Senate Banking Committee markup for the Secure and Fair Enforcement Regulation (SAFER) Banking Act, incremental reform that would provide safe harbor to financial institutions wishing to service the cannabis industry.
From the House Democrats' Sept. 22 press release:
The 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.
The MORE Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Leadership Conference on Civil and Human Rights, Drug Policy Alliance, NORML, Better Organizing to Win Legalization, and Minorities for Medical Marijuana, the Center for American Progress, and Students for Sensible Drug Policy.
