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| Marijuana Opportunity Reinvestment and Expungement Act | |
|---|---|
| Name | Marijuana Opportunity Reinvestment and Expungement Act |
| Acronym | MORE Act |
| Introduced | 2019 |
| Introduced by | Alexandria Ocasio-Cortez, Jerrold Nadler |
| Committees | United States House Committee on the Judiciary, United States Senate Committee on the Judiciary |
| Status | Introduced; passed House 2020, 2022 |
Marijuana Opportunity Reinvestment and Expungement Act
The Marijuana Opportunity Reinvestment and Expungement Act is a federal legislative proposal aimed at descheduling cannabis under Controlled Substances Act, creating taxation and reinvestment mechanisms, and establishing federal expungement procedures for certain convictions. The measure intersects with debates involving criminal justice reform, civil rights organizations, and advocacy groups such as American Civil Liberties Union, Drug Policy Alliance, and National Urban League, while drawing opposition from figures within Department of Justice, Drug Enforcement Administration, and some members of United States Congress.
The bill emerged amid shifting public opinion reflected in polling by organizations like Pew Research Center, Gallup, and Public Religion Research Institute, and following state-level actions in jurisdictions including Colorado, California, Washington (state), Oregon, and Massachusetts to legalize adult-use cannabis. Influences include earlier federal measures such as the Raich v. Gonzales regulatory environment and state ballot measures like California's Proposition 64 (2016), Nevada's Question 2 (2016), and Michigan's Proposal 1 (2018). Advocacy networks including Drug Policy Alliance, Minority Cannabis Business Association, and civil rights coalitions such as NAACP and National Association for the Advancement of Colored People mobilized alongside elected officials like Cory Booker, Kamala Harris, and Bernie Sanders.
First introduced in 2019 by Representatives including Alexandria Ocasio-Cortez and Jerrold Nadler, the proposal was debated in the 116th United States Congress and reintroduced in the 117th United States Congress and 118th United States Congress. The House of Representatives passed the bill in December 2020 with backing from leaders including Nancy Pelosi and committee chairs including Jerry Nadler, while the United States Senate did not advance companion measures despite hearings featuring testimony from figures tied to Drug Enforcement Administration and Department of Health and Human Services. Subsequent legislative activity in 2021 and 2022 featured negotiations involving Senate offices of Charles Schumer, Kamala Harris during her tenure as Senator, and bipartisan discussions referencing models from congressional proposals like the CARERS Act and state frameworks such as New York Marijuana Regulation and Taxation Act.
Key provisions include removal of cannabis from scheduling under the Controlled Substances Act, creation of a 5% federal excise tax to fund a community reinvestment fund modeled on proposals by House Judiciary Committee leadership, and establishment of a process for federal resentencing and expungement for certain marijuana-related offenses. The bill proposes funding for programs administered through entities including Small Business Administration-style technical assistance, grants to organizations such as Legal Services Corporation and community groups like National Urban League and Local Initiatives Support Corporation, and supports pathways for social equity applicants similar to programs in Illinois, Massachusetts, and Colorado. It also addresses banking access implicating Federal Deposit Insurance Corporation and regulatory coordination with agencies like Securities and Exchange Commission for the emerging cannabis market.
Support came from civil rights organizations including American Civil Liberties Union, Brennan Center for Justice, and advocacy groups such as Drug Policy Alliance and NORML, alongside business associations like the National Cannabis Industry Association and state governors including Gavin Newsom and Jared Polis. Opposition was voiced by figures within Drug Enforcement Administration, parts of Department of Justice, and policy groups concerned with public health such as National Institute on Drug Abuse and some law enforcement organizations including Fraternal Order of Police. Economic analyses from entities like Congressional Budget Office and think tanks such as Brookings Institution and Cato Institute provided competing estimates of revenue, while civil rights scholars at institutions like Harvard Law School and Yale Law School debated effects on mass incarceration and racial disparities.
Implementation frameworks contemplate interagency roles for Department of Justice, Department of Health and Human Services, Treasury Department, and coordination with state regulators such as Colorado Department of Revenue and California Department of Tax and Fee Administration. Enforcement and regulatory design would require guidance from agencies including Drug Enforcement Administration on leftover enforcement priorities, and banking policies involving Federal Reserve System and Office of the Comptroller of the Currency. Local implementation models draw on state regulatory agencies in Massachusetts Cannabis Control Commission, New York Office of Cannabis Management, and licensing frameworks used in Illinois Department of Financial and Professional Regulation.
Litigation prospects included potential challenges in federal courts such as the United States Court of Appeals for the D.C. Circuit and the United States Supreme Court over separation of powers, preemption of state laws exemplified by conflicts in litigation like Gonzales v. Raich, and administrative law challenges to agency rulemaking that might be pursued by parties including state attorneys general such as Letitia James or industry stakeholders like Curaleaf and Canopy Growth. Litigation could involve constitutional claims referencing the Commerce Clause and judicial review doctrines arising in cases before judges appointed by presidents including Donald Trump and Barack Obama.
The bill sits alongside related federal measures such as the SAFE Banking Act, the States Reform Act, and proposals from members of Congress like Cory Booker's and Kirsten Gillibrand's initiatives, and it interacts with state statutes including California Proposition 64 (2016), New York Marijuana Regulation and Taxation Act, and municipal ordinances in cities such as Denver, Seattle, and Oakland. International context includes treaties like the Single Convention on Narcotic Drugs and comparative reforms in countries such as Canada and Uruguay, while think tanks and foundations including Open Society Foundations and Ford Foundation influenced advocacy and research shaping policy debates.
Category:United States federal cannabis legislation