Senator Kamala D. Harris (D-California) on Wednesday applauded the House Judiciary Committee after it advanced the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive marijuana reform bill introduced by Senator Harris and House Judiciary Committee Chairman Jerrold Nadler (D-New York).
“As more states legalize marijuana, millions of Americans with marijuana-related convictions continue to face overwhelming barriers to jobs, education, and housing,” said Sen. Harris. “That is why we must act to remove the burden of marijuana convictions and make sure these individuals have the support needed to move forward. It is also critical that everyone — especially people of color who have been disproportionately impacted by the War on Drugs — has a real opportunity to participate in this growing industry. This is a matter of racial and economic justice. I am grateful for Chairman Nadler’s partnership on this issue and for his leadership in moving this legislation forward. I look forward to the House of Representatives passing our legislation soon.”
“I have long believed that the criminalization of marijuana has been a mistake, and the racially disparate enforcement of marijuana laws has only compounded this mistake,” said Chairman Nadler. “While states have led the way in reform, our federal laws have not kept pace with the obvious need for change. With the passage of the MORE Act today, the Judiciary Committee has taken long overdue steps to address the devastating injustices caused by the War on Drugs and to finally decriminalize marijuana at the federal level.”
The Marijuana Opportunity Reinvestment and Expungement Act aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring re-sentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. Immigrants will also benefit from the Marijuana Opportunity Reinvestment and Expungement Act, as they will no longer be subject to deportation or citizenship denial based solely on a marijuana offense. The Marijuana Opportunity Reinvestment and Expungement Act also ensures that all benefits in the law are available to juvenile offenders.
Specifically, the Marijuana Opportunity Reinvestment and Expungement Act:
- Legalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
- Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
- Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
- The Community Reinvestment Grant Program: Provides 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 Cannabis Opportunity Grant Program: Provides 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: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
- Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
- Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
- Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
- Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
- Requires 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.
The Marijuana Opportunity Reinvestment and Expungement Act has the support of a broad coalition of civil rights, criminal justice, drug policy and immigration groups.