Marijuana Justice Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1456 To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2019 Ms. LEE of California (for herself, Mr. BLUMENAUER, Mr. KHANNA, Ms. NORTON, Mr. RUSH, Ms. SCHAKOWSKY, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mrs. WATSON COLEMAN, Mr. PERLMUTTER, Ms. OCASIO- CORTEZ, Ms. JOHNSON of Texas, Mr. DANNY K. DAVIS of Illinois, Mr. GREEN of Texas, Ms. PRESSLEY, Mr. COHEN, Mr. HUFFMAN, Mr. CORREA, Ms. JAYAPAL, Mr. GRIJALVA, Mr. LOWENTHAL, Mr. HASTINGS, Mr. RICHMOND, Mr. CLYBURN, Mr. BUTTERFIELD, Mr. JOHNSON of Georgia, Ms. WILSON of Florida, Ms. JACKSON LEE, Ms. CLARKE of New York, Ms. ADAMS, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Natural Resources, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to mari- huana, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 2 •HR 1456 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Marijuana Justice Act 2 of 2019’’. 3 SEC. 2. DE-SCHEDULING MARIHUANA. 4 (a) MARIJUANA REMOVED FROM SCHEDULE OF 5 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 6 I of section 202(c) of the Controlled Substances Act (21 7 U.S.C. 812) is amended— 8 (1) by striking ‘‘marihuana’’; and 9 (2) by striking ‘‘tetrahydrocannabinols’’. 10 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX- 11 PORT.—Section 1010(b) of the Controlled Substances Im- 12 port and Export Act (21 U.S.C. 960) is amended— 13 (1) in paragraph (1)— 14 (A) in subparagraph (F), by inserting ‘‘or’’ 15 after the semicolon; 16 (B) by striking subparagraph (G); and 17 (C) by redesignating subparagraph (H) as 18 subparagraph (G); 19 (2) in paragraph (2)— 20 (A) in subparagraph (F), by inserting ‘‘or’’ 21 after the semicolon; 22 (B) by striking subparagraph (G); and 23 (C) by redesignating subparagraph (H) as 24 subparagraph (G); 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 3 •HR 1456 IH (3) in paragraph (3), by striking ‘‘paragraphs 1 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 2 (2)’’; 3 (4) by striking paragraph (4); and 4 (5) by redesignating paragraphs (5), (6), and 5 (7) as paragraphs (4), (5), and (6), respectively. 6 (c) CONFORMING AMENDMENTS TO CONTROLLED 7 SUBSTANCES ACT.—The Controlled Substances Act (21 8 U.S.C. 801 et seq.) is amended— 9 (1) in section 102(44) (21 U.S.C. 802(44)), by 10 striking ‘‘marihuana,’’; 11 (2) in section 401(b) (21 U.S.C. 841(b))— 12 (A) in paragraph (1)— 13 (i) in subparagraph (A)— 14 (I) in clause (vi), by inserting 15 ‘‘or’’ after the semicolon; 16 (II) by striking (vii); and 17 (III) by redesignating clause 18 (viii) as clause (vii); 19 (ii) in subparagraph (B)— 20 (I) by striking clause (vii); and 21 (II) by redesignating clause (viii) 22 as clause (vii); 23 (iii) in subparagraph (C), in the first 24 sentence, by striking ‘‘subparagraphs (A), 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 4 •HR 1456 IH (B), and (D)’’ and inserting ‘‘subpara- 1 graphs (A) and (B)’’; 2 (iv) by striking subparagraph (D); 3 (v) by redesignating subparagraph (E) 4 as subparagraph (D); and 5 (vi) in subparagraph (D)(i), as so re- 6 designated, by striking ‘‘subparagraphs (C) 7 and (D)’’ and inserting ‘‘subparagraph 8 (C)’’; 9 (B) by striking paragraph (4); and 10 (C) by redesignating paragraphs (5), (6), 11 and (7) as paragraphs (4), (5), and (6), respec- 12 tively; 13 (3) in section 402(c)(2)(B) (21 U.S.C. 14 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 15 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 16 by striking ‘‘, marihuana,’’; 17 (5) in section 418(a) (21 U.S.C. 859(a)), by 18 striking the last sentence; 19 (6) in section 419(a) (21 U.S.C. 860(a)), by 20 striking the last sentence; 21 (7) in section 422(d) (21 U.S.C. 863(d))— 22 (A) in the matter preceding paragraph (1), 23 by striking ‘‘marijuana,’’; and 24 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 5 •HR 1456 IH (B) in paragraph (5), by striking ‘‘, such 1 as a marihuana cigarette,’’; and 2 (8) in section 516(d) (21 U.S.C. 886(d)), by 3 striking ‘‘section 401(b)(6)’’ each place the term ap- 4 pears and inserting ‘‘section 401(b)(5)’’. 5 (d) OTHER CONFORMING AMENDMENTS.— 6 (1) NATIONAL FOREST SYSTEM DRUG CONTROL 7 ACT OF 1986.—The National Forest System Drug 8 Control Act of 1986 (16 U.S.C. 559b et seq.) is 9 amended— 10 (A) in section 15002(a) (16 U.S.C. 11 559b(a)) by striking ‘‘marijuana and other’’; 12 (B) in section 15003(2) (16 U.S.C. 13 559c(2)) by striking ‘‘marijuana and other’’; 14 and 15 (C) in section 15004(2) (16 U.S.C. 16 559d(2)) by striking ‘‘marijuana and other’’. 17 (2) INTERCEPTION OF COMMUNICATIONS.—Sec- 18 tion 2516 of title 18, United States Code, is amend- 19 ed— 20 (A) in subsection (1)(e), by striking ‘‘mari- 21 huana,’’; and 22 (B) in subsection (2) by striking ‘‘mari- 23 huana,’’. 24 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 6 •HR 1456 IH SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS. 1 (a) DEFINITIONS.—In this section— 2 (1) the term ‘‘covered State’’ means a State 3 that has not enacted a statute legalizing marijuana 4 in the State; 5 (2) the term ‘‘disproportionate arrest rate’’ 6 means— 7 (A) the percentage of minority individuals 8 arrested for a marijuana related offense in a 9 State is higher than the percentage of the non- 10 minority individual population of the State, as 11 determined by the most recent census data; or 12 (B) the percentage of low-income individ- 13 uals arrested for a marijuana offense in a State 14 is higher than the percentage of the population 15 of the State that are not low-income individ- 16 uals, as determined by the most recent census 17 data; 18 (3) the term ‘‘disproportionate incarceration 19 rate’’ means the percentage of minority individuals 20 incarcerated for a marijuana related offense in a 21 State is higher than the percentage of the non-mi- 22 nority individual population of the State, as deter- 23 mined by the most recent census data; 24 (4) the term ‘‘low-income individual’’ means an 25 individual whose taxable income (as defined in sec- 26 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 7 •HR 1456 IH tion 63 of the Internal Revenue Code of 1986) is 1 equal to or below the maximum dollar amount for 2 the 15 percent rate bracket applicable to the indi- 3 vidual under section 1 of the Internal Revenue Code 4 of 1986; 5 (5) the term ‘‘marijuana’’ has the meaning 6 given the term ‘‘marihuana’’ in section 102 of the 7 Controlled Substances Act (21 U.S.C. 802); and 8 (6) the term ‘‘minority individual’’ means an in- 9 dividual who is a member of a racial or ethnic mi- 10 nority group. 11 (b) INELIGIBILITY FOR CERTAIN FUNDS.— 12 (1) IN GENERAL.—For any fiscal year begin- 13 ning after the date of enactment of this Act in which 14 the Attorney General, acting through the Director of 15 the Bureau of Justice Assistance, determines that a 16 covered State has a disproportionate arrest rate or 17 a disproportionate incarceration rate for marijuana 18 offenses, the covered State— 19 (A) shall not be eligible to receive any Fed- 20 eral funds for the construction or staffing of a 21 prison or jail; and 22 (B) shall be subject to not more than a 10- 23 percent reduction of the funds that would oth- 24 erwise be allocated for that fiscal year to the 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 8 •HR 1456 IH covered State under subpart 1 of part E of title 1 I of the Omnibus Crime Control and Safe 2 Streets Act of 1968 (42 U.S.C. 3750 et seq.), 3 whether characterized as the Edward Byrne 4 Memorial State and Local Law Enforcement 5 Assistance Programs, the Local Government 6 Law Enforcement Block Grants Program, the 7 Edward Byrne Memorial Justice Assistance 8 Grant Program, or otherwise. 9 (2) FUNDS FOR CERTAIN PROGRAMMING.—For 10 purposes of paragraph (1)(A), Federal funds for the 11 construction or staffing of a prison or jail shall not 12 include Federal funds used by a prison or jail to 13 carry out recidivism reduction programming or drug 14 addiction treatment. 15 (3) REALLOCATION.—Any amounts not award- 16 ed to a covered State because of a determination 17 under paragraph (1) shall be deposited in the Com- 18 munity Reinvestment Fund established under section 19 4. 20 (c) EXPUNGEMENT OF MARIJUANA OFFENSE CON- 21 VICTIONS.—Each Federal court shall issue an order 22 expunging each conviction for a marijuana use or posses- 23 sion offense entered by the court before the date of enact- 24 ment of this Act. 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 9 •HR 1456 IH (d) SENTENCING REVIEW.— 1 (1) IN GENERAL.—For any individual who was 2 sentenced to a term of imprisonment for a Federal 3 criminal offense involving marijuana before the date 4 of enactment of this Act and is still serving such 5 term of imprisonment, the court that imposed the 6 sentence, shall, on motion of the individual, the Di- 7 rector of the Bureau of Prisons, the attorney for the 8 Government, or the court, conduct a sentencing 9 hearing. 10 (2) POTENTIAL REDUCED RESENTENCING.— 11 After a sentencing hearing under paragraph (1), a 12 court may impose a sentence on the individual as if 13 this Act, and the amendments made by this Act, 14 were in effect at the time the offense was committed. 15 (e) RIGHT OF ACTION.— 16 (1) IN GENERAL.—An individual who is ag- 17 grieved by a disproportionate arrest rate or a dis- 18 proportionate incarceration rate of a State may 19 bring a civil action in an appropriate district court 20 of the United States. 21 (2) RELIEF.—In a civil action brought under 22 this subsection in which the plaintiff prevails, the 23 court shall— 24 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 10 •HR 1456 IH (A) grant all necessary equitable and legal 1 relief, including declaratory relief; and 2 (B) issue an order requiring the Attorney 3 General, acting through the Director of the Bu- 4 reau of Justice Assistance, to— 5 (i) declare the State to be ineligible to 6 receive any Federal funds for the construc- 7 tion or staffing of a prison or jail in ac- 8 cordance with subsection (b)(1)(A); and 9 (ii) reduce grant funding of the State 10 in accordance with subsection (b)(1)(B). 11 SEC. 4. COMMUNITY REINVESTMENT FUND. 12 (a) ESTABLISHMENT.—There is established in the 13 Treasury of the United States a fund, to be known as the 14 ‘‘Community Reinvestment Fund’’ (referred to in this sec- 15 tion as the ‘‘Fund’’). 16 (b) DEPOSITS.—The Fund shall consist of— 17 (1) any amounts not awarded to a covered 18 State because of a determination under section 19 3(b)(1); and 20 (2) any amounts otherwise appropriated to the 21 Fund. 22 (c) USE OF FUND AMOUNTS.—Amounts in the Fund 23 shall be available to the Secretary of Housing and Urban 24 Development to establish a grant program to reinvest in 25 VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS 11 •HR 1456 IH communities most affected by the war on drugs, which 1 shall include providing grants to impacted communities for 2 programs such as— 3 (1) job training; 4 (2) reentry services; 5 (3) expenses related to the expungement of con- 6 victions; 7 (4) public libraries; 8 (5) community centers; 9 (6) programs and opportunities dedicated to 10 youth; 11 (7) the special purpose fund discussed below; 12 and 13 (8) health education programs. 14 (d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 15 the Fund shall be available without fiscal year limitation. 16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 17 are authorized to be appropriated to the Fund 18 $500,000,000 for each of fiscal years 2020 through 2042. 19 Æ VerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H1456.IH H1456 kjohnson on DSK79L0C42 with BILLS