On September 30, 2021, the House Judiciary Committee advanced the Marijuana Opportunity Reinvestment and Expungement (MORE Act)...
On September 30, 2021, the House Judiciary Committee advanced the Marijuana Opportunity Reinvestment and Expungement (MORE Act). The committee approved the bill by a vote of 26-15, with two Republicans joining the Democratic majority.
The MORE Act, which is sponsored by Rep. Jerrold Nadler (D-NY), previously cleared the House Judicial Committee in 2019. It went on to pass in the full House before failing to advance in the Senate. With Democrats in control of both chambers, sponsors of the bill are more optimistic this time around.
“This is the most comprehensive piece of cannabis legislation Congress has ever seen, and continuing its momentum couldn’t be more important to our fight to address the fact that Congress continues to lag behind 37 states that have legalized either adult-use or medical cannabis,” Reps. Earl Blumenauer (D-OR) and Barbara Lee (D-CA), co-chairs of the Congressional Cannabis Caucus, said in a press statement. “We will continue to build a broad coalition of support in Congress and work closely with our allies in the Senate to put forth a successful framework to finally reform our outdated, out-of-touch cannabis laws, because it’s time for Congress to catch up with the American people.”
Cannabis Reforms Under the MORE Act
The MORE Act would decriminalize marijuana by removing it from the Controlled Substances Act (CSA); it would also allow individual states to decide the status of marijuana legality within their borders. Additionally, the legislation requires federal courts to expunge prior convictions and re-sentence offenders currently under supervision, with the states able to determine whether to establish their own policies on retroactivity.
The MORE Act would also impose a five percent tax on cannabis products manufactured in the United States or imported into the country. The cannabis tax would not be imposed on hemp products or any prescribed medicine or drug. The tax revenue would be used to fund a grant program, known as the “Community Reinvestment Grant Program,” which would provide 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 tax funds would also be used to establish the Cannabis Opportunity Grant Program. Administered by the Small Business Administration (SBA), the new grant program would provide 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, also administered by SBA, would provide funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
Additional provisions of the MORE Act would:
Provide funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
Allocate funds to programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
Authorize SBA funding for legitimate cannabis-related businesses and service providers.
Create non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense.
Prohibit the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
Establish that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
Require 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.
What’s Next?
The MORE Act must still garner the approval of eight more House Committees before heading to the House floor. It then faces potential opposition in the Senate, where Senate Majority Leader Chuck Schumer (D-NY), Finance Committee Chairman Ron Wyden (R-OR) and Sen. Cory Booker (D-NJ) are working on their own cannabis legislation.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact Dan McKillop, Teddy Eynon, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
This article is a part of a series pertaining to cannabis legalization in New Jersey and the United States at large. Prior articles in this series are below:
Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
