MORE Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 3884 IN THE SENATE OF THE UNITED STATES DECEMBER 7, 2020 Received; read twice and referred to the Committee on Finance AN ACT To 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. 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 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 3884 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Marijuana Opportunity 2 Reinvestment and Expungement Act of 2020’’ or the 3 ‘‘MORE Act of 2020’’. 4 SEC. 2. FINDINGS. 5 The Congress finds as follows: 6 (1) The communities that have been most 7 harmed by cannabis prohibition are benefiting the 8 least from the legal marijuana marketplace. 9 (2) A legacy of racial and ethnic injustices, 10 compounded by the disproportionate collateral con- 11 sequences of 80 years of cannabis prohibition en- 12 forcement, now limits participation in the industry. 13 (3) 36 States, the District of Columbia, Puerto 14 Rico, and Guam have adopted laws allowing legal ac- 15 cess to cannabis, and 15 States, the District of Co- 16 lumbia, and the Commonwealth of the Northern 17 Mariana Islands have adopted laws legalizing can- 18 nabis for adult recreational use. 19 (4) A total of 47 States have reformed their 20 laws pertaining to cannabis despite the Schedule I 21 status of marijuana and its Federal criminalization. 22 (5) Legal cannabis sales totaled $9.5 billion in 23 2017 and are projected to reach $23 billion by 2022. 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 3884 RFS (6) According to the American Civil Liberties 1 Union (ACLU), enforcing cannabis prohibition laws 2 costs taxpayers approximately $3.6 billion a year. 3 (7) The continued enforcement of cannabis pro- 4 hibition laws results in over 600,000 arrests annu- 5 ally, disproportionately impacting people of color 6 who are almost 4 times more likely to be arrested 7 for cannabis possession than their White counter- 8 parts, despite equal rates of use across populations. 9 (8) People of color have been historically tar- 10 geted by discriminatory sentencing practices result- 11 ing in Black men receiving drug sentences that are 12 13.1 percent longer than sentences imposed for 13 White men and Latinos being nearly 6.5 times more 14 likely to receive a Federal sentence for cannabis pos- 15 session than non-Hispanic Whites. 16 (9) In 2013, simple cannabis possession was the 17 fourth most common cause of deportation for any of- 18 fense and the most common cause of deportation for 19 drug law violations. 20 (10) Fewer than one-fifth of cannabis business 21 owners identify as minorities and only approximately 22 4 percent are black. 23 (11) Applicants for cannabis licenses are lim- 24 ited by numerous laws, regulations, and exorbitant 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 3884 RFS permit applications, licensing fees, and costs in these 1 States, which can require more than $700,000. 2 (12) Historically disproportionate arrest and 3 conviction rates make it particularly difficult for 4 people of color to enter the legal cannabis market- 5 place, as most States bar these individuals from par- 6 ticipating. 7 (13) Federal law severely limits access to loans 8 and capital for cannabis businesses, disproportion- 9 ately impacting minority small business owners. 10 (14) Some States and municipalities have taken 11 proactive steps to mitigate inequalities in the legal 12 cannabis marketplace and ensure equal participation 13 in the industry. 14 SEC. 3. DECRIMINALIZATION OF CANNABIS. 15 (a) CANNABIS REMOVED FROM SCHEDULE OF CON- 16 TROLLED SUBSTANCES.— 17 (1) REMOVAL IN STATUTE.—Subsection (c) of 18 schedule I of section 202(c) of the Controlled Sub- 19 stances Act (21 U.S.C. 812) is amended— 20 (A) by striking ‘‘(10) Marihuana.’’; and 21 (B) by striking ‘‘(17) 22 Tetrahydrocannabinols, except for 23 tetrahydrocannabinols in hemp (as defined in 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 3884 RFS section 297A of the Agricultural Marketing Act 1 of 1946).’’. 2 (2) REMOVAL FROM SCHEDULE.—Not later 3 than 180 days after the date of the enactment of 4 this Act, the Attorney General shall finalize a rule- 5 making under section 201(a)(2) removing mari- 6 huana and tetrahydrocannabinols from the schedules 7 of controlled substances. For the purposes of the 8 Controlled Substances Act, marihuana and 9 tetrahydrocannabinols shall each be deemed to be a 10 drug or other substance that does not meet the re- 11 quirements for inclusion in any schedule. A rule- 12 making under this paragraph shall be considered to 13 have taken effect as of the date of enactment of this 14 Act for purposes of any offense committed, case 15 pending, conviction entered, and, in the case of a ju- 16 venile, any offense committed, case pending, and ad- 17 judication of juvenile delinquency entered before, on, 18 or after the date of enactment of this Act. 19 (b) CONFORMING AMENDMENTS TO CONTROLLED 20 SUBSTANCES ACT.—The Controlled Substances Act (21 21 U.S.C. 801 et seq.) is amended— 22 (1) in section 102(44) (21 U.S.C. 802(44)), by 23 striking ‘‘marihuana,’’; 24 (2) in section 401(b) (21 U.S.C. 841(b))— 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 3884 RFS (A) in paragraph (1)— 1 (i) in subparagraph (A)— 2 (I) in clause (vi), by inserting 3 ‘‘or’’ after the semicolon; 4 (II) by striking clause (vii); and 5 (III) by redesignating clause 6 (viii) as clause (vii); 7 (ii) in subparagraph (B)— 8 (I) in clause (vi), by inserting 9 ‘‘or’’ after the semicolon; 10 (II) by striking clause (vii); and 11 (III) by redesignating clause 12 (viii) as clause (vii); 13 (iii) in subparagraph (C), in the first 14 sentence, by striking ‘‘subparagraphs (A), 15 (B), and (D)’’ and inserting ‘‘subpara- 16 graphs (A) and (B)’’; 17 (iv) by striking subparagraph (D); 18 (v) by redesignating subparagraph (E) 19 as subparagraph (D); and 20 (vi) in subparagraph (D)(i), as so re- 21 designated, by striking ‘‘subparagraphs (C) 22 and (D)’’ and inserting ‘‘subparagraph 23 (C)’’; 24 (B) by striking paragraph (4); and 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 3884 RFS (C) by redesignating paragraphs (5), (6), 1 and (7) as paragraphs (4), (5), and (6), respec- 2 tively; 3 (3) in section 402(c)(2)(B) (21 U.S.C. 4 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 5 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 6 by striking ‘‘, marihuana,’’; 7 (5) in section 418(a) (21 U.S.C. 859(a)), by 8 striking the last sentence; 9 (6) in section 419(a) (21 U.S.C. 860(a)), by 10 striking the last sentence; 11 (7) in section 422(d) (21 U.S.C. 863(d))— 12 (A) in the matter preceding paragraph (1), 13 by striking ‘‘marijuana,’’; and 14 (B) in paragraph (5), by striking ‘‘, such 15 as a marihuana cigarette,’’; and 16 (8) in section 516(d) (21 U.S.C. 886(d)), by 17 striking ‘‘section 401(b)(6)’’ each place the term ap- 18 pears and inserting ‘‘section 401(b)(5)’’. 19 (c) OTHER CONFORMING AMENDMENTS.— 20 (1) NATIONAL FOREST SYSTEM DRUG CONTROL 21 ACT OF 1986.—The National Forest System Drug 22 Control Act of 1986 (16 U.S.C. 559b et seq.) is 23 amended— 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 3884 RFS (A) in section 15002(a) (16 U.S.C. 1 559b(a)) by striking ‘‘marijuana and other’’; 2 (B) in section 15003(2) (16 U.S.C. 3 559c(2)) by striking ‘‘marijuana and other’’; 4 and 5 (C) in section 15004(2) (16 U.S.C. 6 559d(2)) by striking ‘‘marijuana and other’’. 7 (2) INTERCEPTION OF COMMUNICATIONS.—Sec- 8 tion 2516 of title 18, United States Code, is amend- 9 ed— 10 (A) in subsection (1)(e), by striking ‘‘mari- 11 huana,’’; and 12 (B) in subsection (2) by striking ‘‘mari- 13 huana’’. 14 (3) FMCSA PROVISIONS.— 15 (A) CONFORMING AMENDMENT.—Section 16 31301(5) of title 49, United States Code, is 17 amended by striking ‘‘section 31306,’’ and in- 18 serting ‘‘sections 31306, 31306a, and sub- 19 sections (b) and (c) of section 31310,’’. 20 (B) DEFINITION.—Section 31306(a) of 21 title 49, United States Code, is amended— 22 (i) by striking ‘‘means any substance’’ 23 and inserting the following: ‘‘means— 24 ‘‘(A) any substance’’; and 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 3884 RFS (ii) by striking the period at the end 1 and inserting ‘‘; and 2 ‘‘(B) any substance not covered under sub- 3 paragraph (A) that was a substance under such 4 section as of December 1, 2018, and specified 5 by the Secretary of Transportation.’’. 6 (C) DISQUALIFICATIONS.—Section 7 31310(b) of title 49, United States Code, is 8 amended by adding at the end the following: 9 ‘‘(3) In this subsection and subsection (c), the 10 term ‘controlled substance’ has the meaning given 11 such term in section 31306(a).’’. 12 (4) FAA PROVISIONS.—Section 45101 of title 13 49, United States Code, is amended— 14 (A) by striking ‘‘means any substance’’ 15 and inserting the following: ‘‘means— 16 ‘‘(A) any substance’’; and 17 (B) by striking the period at the end and 18 inserting ‘‘; and 19 ‘‘(B) any substance not covered under sub- 20 paragraph (A) that was a substance under such 21 section as of December 1, 2018, and specified 22 by the Secretary of Transportation.’’. 23 (5) FRA PROVISIONS.—Section 20140(a) of 24 title 49, United States Code, is amended— 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 3884 RFS (A) by striking ‘‘means any substance’’ 1 and inserting the following: ‘‘means— 2 ‘‘(A) any substance’’; and 3 (B) by striking the period at the end and 4 inserting ‘‘; and 5 ‘‘(B) any substance not covered under sub- 6 paragraph (A) that was a substance under such 7 section as of December 1, 2018, and specified 8 by the Secretary of Transportation.’’. 9 (6) FTA PROVISIONS.—Section 5331(a)(1) of 10 title 49, United States Code, is amended— 11 (A) by striking ‘‘means any substance’’ 12 and inserting the following: ‘‘means— 13 ‘‘(A) any substance’’; and 14 (B) by striking the period at the end and 15 inserting ‘‘; and 16 ‘‘(B) any substance not covered under sub- 17 paragraph (A) that was a substance under such 18 section as of December 1, 2018, and whose use 19 the Secretary of Transportation decides has a 20 risk to transportation safety.’’. 21 (d) RETROACTIVITY.—The amendments made by this 22 section to the Controlled Substances Act (21 U.S.C. 801 23 et seq.) are retroactive and shall apply to any offense com- 24 mitted, case pending, conviction entered, and, in the case 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 3884 RFS of a juvenile, any offense committed, case pending, or ad- 1 judication of juvenile delinquency entered before, on, or 2 after the date of enactment of this Act. 3 (e) EFFECT ON OTHER LAW.—Nothing in this sub- 4 title shall affect or modify— 5 (1) the Federal Food, Drug, and Cosmetic Act 6 (21 U.S.C. 301 et seq.); 7 (2) section 351 of the Public Health Service 8 Act (42 U.S.C. 262); or 9 (3) the authority of the Commissioner of Food 10 and Drugs and the Secretary of Health and Human 11 Services— 12 (A) under— 13 (i) the Federal Food, Drug, and Cos- 14 metic Act (21 U.S. 301 et seq.); or 15 (ii) section 351 of the Public Health 16 Service Act (42 U.S.C. 262); or 17 (B) to promulgate Federal regulations and 18 guidelines that relate to products containing 19 cannabis or cannabis-derived compounds under 20 the Act described in subparagraph (A)(i) or the 21 section described in subparagraph (A)(ii). 22 (f) PUBLIC MEETINGS.—Not later than one year 23 after the date of enactment of this Act, the Secretary of 24 Health and Human Services, acting through the Commis- 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 12 HR 3884 RFS sioner of Food and Drugs, shall hold not less than one 1 public meeting to address the regulation, safety, manufac- 2 turing, product quality, marketing, labeling, and sale of 3 products containing cannabis or cannabis-derived com- 4 pounds. 5 (g) SPECIAL RULE FOR FEDERAL EMPLOYEE TEST- 6 ING.—Section 503 of the Supplemental Appropriations 7 Act, 1987 (5 U.S.C. 7301 note) is amended by adding at 8 the end the following: 9 ‘‘(h) MARIJUANA.— 10 ‘‘(1) CONTINUED TESTING.—Notwithstanding 11 the Marijuana Opportunity Reinvestment and 12 Expungement Act of 2020 and the amendments 13 made thereby, the Secretary of Health and Human 14 Services may continue to include marijuana for pur- 15 poses of drug testing of Federal employees subject 16 to this section, Executive Order 12564, or other ap- 17 plicable Federal laws and orders. 18 ‘‘(2) DEFINITION.—The term ‘marijuana’ has 19 the meaning given to the term ‘marihuana’ in sec- 20 tion 102 of the Controlled Substances Act (21 6 21 U.S.C. 802) on the day before the date of enactment 22 of the Marijuana Opportunity Reinvestment and 23 Expungement Act of 2020.’’. 24 (h) SPECIAL RULE FOR CERTAIN REGULATIONS.— 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.RFS H3884 pbinns on DSKJLVW7X2PROD with BILLS 13 HR 3884 RFS (1) IN GENERAL.—The amendments made by 1 this section may not be construed to abridge the au- 2 thority of the Secretary of Transportation, or the 3 Secretary of the department in which the Coast 4 Guard is operating, to regulate and screen for the 5 use of a controlled substance. 6 (2) CONTROLLED SUBSTANCE DEFINED.—In 7 this subsection, the term ‘‘controlled substance’’ 8 means— 9 (A) any substance covered under section 10 102 of the Con [Text truncated for display. 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