The House will be voting on a comprehensive marijuana legalization bill in September, congressional leadership confirmed on Friday.
While the floor vote has not yet been scheduled, Majority Whip James Clyburn (D-SC) said in an email blast to members that the chamber is “expected” to take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act during the “September work period.”
Marijuana Moment first reported in July on imminent plans to hold a House vote on the cannabis descheduling bill. The legislation, introduced by Judiciary Committee Chairman Jerrold Nadler (D-NY) last year, cleared his panel and was referred to several other committees. It’s not clear whether those committees will waive jurisdiction or mark up the bill in order for it to get a full chamber vote
The MORE Act would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.
It would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.
Clyburn’s email asks lawmakers to report back by Monday to say whether they plan to support the bill on the floor.
“Less than two years ago, we put out our blueprint outlining a path to cannabis legalization in the 116th Congress,” Rep. Earl Blumenauer (D-OR), a chief advocate for reform in Congress, told Marijuana Moment. “Now, after many months of hard work and collaboration, we finally have a chance to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against people of color, especially Black men.”
“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,” he said.
In a letter to House leadership earlier this month, a coalition of major drug policy and civil rights organizations—including the American Civil Liberties Union, NAACP, Human Rights Watch, Drug Policy Alliance (DPA)—called for a floor vote on the MORE Act by the end of September.
“We are ecstatic to see congressional leadership take the next steps to vote on the MORE Act next month,” Queen Adesuyi, policy manager for DPA, told Marijuana Moment. “Advancing this bill meets the principles of this political moment where millions of Americans are demanding changes to the status quo. House Democrats have the incredible opportunity to move a bill that enjoys bipartisan support while responding to the calls for justice reform and racial justice reverberating across the country.”
Rep. Barbara Lee (D-CA), who, along with Blumenauer, is a co-chair of the Congressional Cannabis Caucus, said it is “extremely encouraging to see our House leadership moving forward on this issue.”
“We are facing challenging times in our fight for racial equity and law enforcement reform, and passing the MORE Act is crucial to addressing our country’s history of injustice,” she said. “This is the next step in our goal of ending the harmful prohibition of cannabis in 2021.”
If the House approves the bill, there will still be an open question about whether the Republican-controlled Senate would follow suit. Majority Leader Mitch McConnell (R-KY) is a strong advocate for hemp, but he’s maintained steadfast opposition to broader marijuana reform. That said, he did hold closed-door meetings with industry representatives last year.
It’s possible the House action could spur the Senate to take up a more dialed back piece of cannabis reform legislation such as the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, however. That bill, which is sponsored by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA), would simply allow states to set their own marijuana policies without fear of federal intervention.
Gardner could use that legislative win as he trails behind former Colorado Gov. John Hickenlooper (D) in his reelection race. What’s more, President Trump has expressed support for the proposal.
The vote on the MORE Act will not be the first time the House has taken up cannabis reform on the floor this Congress.
The chamber approved a coronavirus relief package in May that includes provisions to protect banks that service state-legal marijuana businesses from being penalized by federal regulators. It also approved the standalone Secure and Fair Enforcement (SAFE) Banking Act last year.
Advocates were disappointed after lawmakers declined to include marijuana legalization as part of a recent policing reform bill the House passed. Several legislators made the case that it was an appropriate vehicle for the policy change, as ending cannabis criminalization would minimize police interactions.
“Passage of The MORE Act is essential in order to truly right the wrongs of federal marijuana criminalization, and to once and for all allow the majority of states that have legalized cannabis for either medical or adult-use to embrace these policies free from the threat of undue federal prosecution or interference,” NORML Deputy Director Paul Armentano said.
“A House floor vote will put our federal lawmakers on record,” he added. “We will know who stands with the majority of Americans in supporting an end to the failed federal policy of marijuana prohibition, and equally importantly, we will know in Congress wishes to continue to threaten the freedom and liberty of the millions of Americans who reside in states that have enacted common-sense alternatives to cannabis criminalization.”
A Democratic senator recently said that legalization would be a 2021 priority if Democratic presidential nominee Joe Biden and his running mate Sen. Kamala Harris (D-CA) are elected.
That said, legalization is decidedly not a Biden priority, as the former vice president has maintained an opposition to the broad reform despite supermajority support among Democrats. He’s drawn the line at cannabis possession decriminalization, medical marijuana legalization, expungements and modest rescheduling.
Harris, meanwhile, is the lead Senate sponsor of the MORE Act.
The Democratic National Committee’s platform committee recently rejected an amendment that would’ve added legalization as a 2020 party plank. Some advocates suspect that’s because the party didn’t want to adopt a policy at odds with the agenda of their presidential nominee.
Lee voted against that DNC amendment but she recently said that Biden needs to evolve and support legalization.
Read Clyburn’s full email below:
The House will be voting soon on H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act); and H.R. 7856, the Fiscal Year 2021 Intelligence Authorization Act
H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)
During the September work period, the House is expected to consider H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act). The MORE Act decriminalizes marijuana at the federal level by removing it from the Controlled Substances Act. This would allow state law to determine the status of marijuana legality for each state.
The bill also requires federal courts to expunge prior marijuana-related convictions and arrests and authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund. This fund would include grant programs administered by the Department of Justice and the Small Business Administration to support individuals who have been adversely affected by the War on Drugs, provide assistance to socially and economically disadvantaged small business owners, and minimize barriers to marijuana licensing and employment.
Click here for the bill text, as reported from the Judiciary Committee.
Click here for a one-pager from the Judiciary Committee.
Click here for a section-by-section from the Judiciary Committee.
Response Deadline Sep 03, 2020 at 12:00 PM
Will you SUPPORT H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)?
Submit Your Response
This story has been updated to include comment from Blumenauer, Lee, DPA and NORML.
Image element courtesy of Tim Evanson.
Connecticut Governor Says He’s Open To Smoking Marijuana After He Signs Legalization Bill
The governor of Connecticut said on Friday that he isn’t ruling out smoking marijuana after he formally signs a legalization bill into law next week.
While most top politicians might still demure when asked if they’d partake in cannabis given ongoing stigma and federal prohibition, Gov. Ned Lamont (D) said matter-of-factly that “time will tell” when asked by a reporter if people can “expect to see the governor smoking a joint” after legalization goes into effect in the state.
News 12’s John Craven replied incredulously, “Really? You’re open to it?”
LIGHT IT UP?: Will we see @GovNedLamont partake in newly legal marijuana?
Check out his answer: pic.twitter.com/XVP3d5fDNi
— John Craven (@johncraven1) June 18, 2021
The governor first shrugged, then nodded his head yes.
“Not right now, but we’ll see” Lamont said.
Other governors in legal states have been playful about cannabis culture and their own relationship to the plant. But while a growing number of lawmakers are comfortable discussing their past marijuana use, this is a fairly remarkable exchange for the sitting top executive officer of a state.
It’s also a sign of the times, as congressional lawmakers step up the push to end federal prohibition and legalization bills move through numerous state legislatures.
Connecticut lawmakers sent Lamont an adult-use legalization bill on Thursday, and he’s confirmed his intent to sign it into law. It would make the state the 19th to have enacted the policy change and the fourth this year alone.
And while the governor has consistently emphasized the important of social equity in legalization legislation—at one point threatening to veto the bill because of a provision he felt could undermine its intent to effectively stand up disparately impacted communities—he also seems to see the personal benefits of the reform.
Similar to Lamont’s new comments, Washington Gov. Jay Inslee (D) raised some eyebrows in 2018 when he said in an interview that he grows cannabis himself. But then a spokesperson for his office denied that he actually personally cultivates marijuana.
Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says
Even though a Minnesota House-passed marijuana legalization bill died in the Senate without action by the end of this year’s regular session, a top lawmaker says there’s still a “possibility to move forward” on cannabis reform as part of a special session that began this week.
“Nobody really expected the medical program to be so successfully changed this year,” House Majority Leader Ryan Winkler (D) said at a rally with cannabis reform advocates on Wednesday, referencing a separate measure Gov. Tim Walz (D) signed last month that will allow patients to access smokable cannabis products.
According to The Star Tribune, Winkler added that “surprising things can happen” during a special session. “When you see Republican support and Democratic support in the House and Senate, there is a possibility to move forward.”
Photos from today’s emergency rally at the Capitol 📸
Thank you to House Majority Leader @_RyanWinkler, Sen. @ScottDibble, Rep. @jeremymunson, and Sen. @jimabeler for speaking and advocating for the decriminalization of cannabis in Minnesota. #mnisready for change! pic.twitter.com/c5T1ffqSuy
— Minnesotans for Responsible Marijuana Regulation (@mnisready) June 16, 2021
Advocates with Minnesota NORML are pushing for several specific policies to be incorporated into legislation that is set to be taken up by the legislature during the special session. The first is to expand the state’s decriminalization policy, and the second is to have the state petition for a federal exemption for Minnesota’s medical cannabis program.
Part of the motivation behind that latter proposal is to ensure that registered patients are able to lawfully purchase and possess firearms in spite of federal restrictions.
At the rally, which was organized by NORML, Republicans Against Marijuana Prohibition (RAMP) and other groups, Winkler and several other lawmakers spoke in favor of modest policy changes such as decriminalizing cannabis.
“Decriminalizing small amounts is important,” Rep. Jeremy Munson (R), one of only a handful of Republicans who voted for Winkler’s broad adult-use legalization bill, said at the rally. “If someone in Minnesota gets caught with two gummy bears, it’s a felony and they’ll lose their gun rights forever.”
The coalition proposed several key reforms that they say should be integrated into public safety and health legislation that’s currently moving through committee during the special session:
-Further reduce penalties for simple possession of marijuana.
-Allow people convicted of possession up to eight grams of cannabis to petition the courts for expungement.
-Require the Minnesota health commissioner to petition the Drug Enforcement Administration (DEA) for an exemption for its medical marijuana program.
”Reducing or eliminating the criminal penalties we’re seeing around marijuana is where we have consensus,” Thomas Gallagher of RAMP said in a press release. “Let’s focus on the people who have small quantities. There is injustice in a trivial amount of marijuana resulting in life-changing punishments like imprisonment, criminal records, and lost jobs and kids.”
Rally for Our Special Session Agenda:
1. Decrim law reform: reduce penalties for concentrates & ensure a petty is not a crime in fed court.
2. Medical reform: Require Minn to petition for a fed exemption fr Schedule 1 for Minn's Med Cannabis patients.https://t.co/9S8Vwz4yoB
— Minnesota NORML (@MNNORML) June 15, 2021
Similar to the Minnesota activists’ call, Iowa officials have requested that federal agencies guarantee some level of protection for people participating in the state’s medical marijuana program.
The Hawaii legislature adopted a resolution in April seeking an exemption from DEA stipulating that the state is permitted to run its medical cannabis program without federal interference.
Back in Minnesota, the House approved a bill last month to legalize marijuana for recreational use following 12 committee assignments. That legislation stalled in the GOP-controlled Senate, however.
Advocates are hopeful about the possibility that further cannabis reforms could be accomplished in the special session, but they see an obstacle in Senate Majority Leader Paul Gazelka (R), who has been relatively silent on the issue since the end of the regular session.
He did previously say, however, that “we’re always said we were open to lowering the criminal penalties [for marijuana].”
The decriminalization legislation that advocates are rallying behind would make possession of up to eight grams of cannabis a petty misdemeanor. It would also make people with prior convictions for that level of possession eligible for expungements.
Under the separate medical cannabis expansion bill that the governor has signed, adults 21 and older will be able to access smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.
Dispensaries could also provide a curbside pickup option for patients under the new law. It further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.
Walz, who hadn’t been especially vocal about legalization as the broader legislation advanced during the regulator session, said, “I’ve thought for a long time about that,” adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”
“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”
The majority leader’s legalization legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.
Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.
Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.
The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Photo courtesy of Mike Latimer.
Maine Lawmakers Approve Bill To Decriminalize All Drugs On 50th Anniversary Of Nixon’s ‘War On Drugs’
The Maine House of Representatives on Thursday approved a bill to decriminalize possession of all currently illicit drugs, delivering a victory to reform advocates on the 50th anniversary of President Richard Nixon’s declaration of the war on drugs.
The Senate also began consideration of the legislation on Thursday, but has not yet taken a vote.
The proposal, LD 967, was approved in 77-62 vote in the House. It would make possession of controlled substances for personal use punishable by a $100 fine, without the threat of incarceration. That fine could also be waived if a person completes a substance misuse assessment within 45 days of being cited.
“We are continually trying to criminalize a symptom of a disease. It hasn’t worked. It won’t work,” Rep. Charlotte Warren (D), who serves as the House chair of the legislature’s Criminal Justice and Public Safety Committee, said before the vote. “We have tried criminalizing this disease for decades, and 11 Mainers a week are dying.”
Rep. Anne Perry (D), sponsor of the bill, said that incarcerating people who are suffering from addiction “only proves to them that they are as bad as they think they are” and perpetuates the cycle of substance misuse. “Law enforcement is not the gateway to treatment and recovery. It’s a gateway to isolation and suicide.”
The measure’s passage flies in the face of Gov. Janet Mills (D), whose administration opposes the reform, as does the state attorney general. Coupled with opposition from Republican legislators, the bill faces an uphill battle to final passage.
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The Senate also began consideration of the legislation on Thursday night, adopting a different committee report than the House approved, but setting it aside as unfinished business before taking a final vote on the bill. The version moving forward in that chamber would similarly impose a $100 fine for possession, but only for the first two offenses. Subsequent offenses would be considered Class E crimes that could carry jail time.
These actions come one month after a joint House and Senate committee advanced the decriminalization bill with several conflicting recommendations, as well as another measure to reform the state’s drug trafficking laws.
Supporters of the legislation include the American Academy of Pediatrics’s Maine Chapter, Maine Medical Association, Alliance for Addiction and Mental Health Services in Maine and Maine Council of Churches.
Thursday’s decriminalization vote represents a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.
For the first time ever, a congressional bill to federally decriminalize possession of controlled substances—and incentivize states to do the same—was formally introduced on Thursday.
Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.
Vermont lawmakers also introduced a bill in March that would end criminal penalties for possessing small amounts of drugs in the state.
Also that month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.
Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.