
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: September 16, 2020
Partner
201-896-7115 dmckillop@sh-law.comThe U.S. House of Representatives could make history this month, with lawmakers poised to vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which would legalize marijuana on the federal level.
House Judiciary Chair Jerry Nadler introduced H.R. 3884 last fall, and the bill passed the House Judiciary Committee last November. The historic vote marked the first time Congress has advanced legislation to legalize marijuana on the federal level.
Now, the MORE Act will head before the full House for a floor vote. In an email to his colleagues, Majority Whip James Clyburn stated that the House is “expected” to take up the MORE Act during the “September work period.” The date of the vote has not yet been confirmed.
“As people across the country protest racial injustices, there’s even greater urgency for Congress to seize this historic opportunity and finally align our cannabis laws with what the majority of Americans support, while ensuring restorative justice,” Rep. Earl Blumenauer, said in a social media post sharing news on the upcoming vote.
The MORE Act would decriminalize marijuana by removing it from the Controlled Substances Act (CSA). This would allow state law to determine the status of marijuana legality for each state. In addition, the bill requires federal courts to expunge prior convictions and re-sentence offenders currently under supervision, leaving it up to the states whether to establish their own policies on retroactivity.
The MORE Act would also impose a five percent tax on cannabis products, manufactured in or imported into the United States. The cannabis tax would not be imposed on hemp products or any medicine or drug that is a prescribed drug. The proceeds would be used to fund a grant program, known as the “Community Reinvestment Grant Program.” It would include the following:
Additional provisions of the MORE Act would:
Passage of the MORE Act is likely in the Democratic-controlled House. However, its chances are far less certain in the Senate. Vice-presidential nominee Kamala Harris is the lead sponsor of the MORE Act in the Senate. However, many Republicans remain opposed. Senate Majority Leader Mitch McConnell, while a vocal supporter of hemp legalization, has not previously supported full cannabis legalization. Even if the Senate fails to move on full-scale legalization, the pressure created by the MORE Act may spur more incremental reform, such as the Secure and Fair Enforcement Banking Act (SAFE Act). The House has already passed the SAFE Act, which would increase the cannabis industry’s access to financial institutions, last fall.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, 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.
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