The MORE Act
This past Friday (April 1) the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act (or MORE Act) by a vote of 220-204 mostly along party-lines, with the exception of two Democrats and three Republicans. Even though this still needs to pass the Senate and be signed by President Biden to become law, this marks a significant step in cannabis legislation reform.
What is the MORE Act?
Originally introduced in May 2021 under the 117th Congress, H.R. 3617 would remove cannabis from the list of scheduled substances under the Controlled Substances Act. In doing so, it would eliminate criminal penalties for an individual who manufactures, distributes, or possesses cannabis. In addition, the bill would do the following if passed:
Replace statutory references of marijuana and marihuana with cannabis;
Require the Bureau of Labor Statistics to regularly publish demographic data on cannabis business owners and employees;
Establish a trust fund to support various programs and services for individuals and businesses in communities impacted by the war on drugs;
Impose an excise tax on cannabis products produced in or imported into the United States and an occupational tax on cannabis production facilities and export warehouses;
Make Small Business Administration loans and services available to entities that are cannabis-related legitimate businesses or service providers;
Prohibit the denial of federal public benefits to a person on the basis of certain cannabis-related conduct or convictions,
Prohibit the denial of benefits and protections under immigration laws on the basis of a cannabis-related event (e.g., conduct or a conviction);
Establish a process to expunge convictions and conduct sentencing review hearings related to federal cannabis offenses; and
Directs the Government Accountability Office to study the societal impact of cannabis legalization.
During the House debate on Friday, Democrats pointed out how federal cannabis prohibition has been especially bad for members of the minority communities where statistics show Black Americans are 4X more likely than white Americans to be arrested for possessions of cannabis, even though they are used at similar rates.
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Conversely, Republicans who opposed the bill stated cannabis is a “gateway drug” that would lead to use of opioids and other more dangerous substances, a common myth about cannabis use that has been disproven.
History of MORE Act
This is actually not the first time the MORE Act has been voted on. In 2019, a nearly identical version of the bill (HR 3884) was voted on and passed in the House with a 228 – 164 majority, marking the first time in history when a chamber of Congress approved legislation to essentially end cannabis prohibition. Unfortunately, this version of the bill got hung up in Senate committee hearings.
Going Forward
Unfortunately, the MORE act is not expected to pass the Senate (again) where it will need 60 votes to move on to President Biden’s desk for signature. Republican opponents of the bill argue it doesn’t do enough to protect minors and would encourage more people to open cannabis-related businesses. This despite a recent poll by the Pew Research Center that found 91% of people agreed that cannabis should be legalized, either medicinally or recreationally. Not to mention the fact cannabis has been legalized recreationally in 18 states and medicinally in 38. It’s time federal legislation catch up with the majority of states and public opinion.
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