WASHINGTON, DC — Today, Assistant Speaker of the U.S. House of Representatives Katherine Clark (MA-5) celebrated the passage of the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, legislation that would decriminalize marijuana at the federal level, expunge convictions for non-violent offenses from people's records, promote equitable participation in the legal industry, and make medical access to marijuana easier for our veterans. 

“The criminalization of marijuana is inherently racist in its enforcement, unscientific in its foundation, and out of step with public opinion and the law in 18 states,” said Assistant Speaker Clark. “This antiquated federal policy holds back Black and Brown communities while hampering our economy and overburdening our criminal justice system. People of color are almost four times more likely to be arrested for marijuana possession than their white counterparts despite equal rates of use, leading to the over-policing of communities of color and convictions that damage job prospects, access to housing, and the ability to vote. I’m proud to have voted today in favor of the MORE Act, legislation that is supported by an overwhelming majority of Americans and is an important step forward for criminal justice reform and racial justice.”

The MORE Act:

• Decriminalizes 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.

Current marijuana laws are increasingly out of step with public views and norms. Polling by Gallop in November 2021 found that 68% of Americans believe the use of marijuana should be made legal, and a total of 47 states have reformed their laws about marijuana despite its federal criminalization.

The continued enforcement of cannabis prohibition laws results in over 600,000 arrests annually, disproportionately impacting people of color who are almost four times more likely to be arrested for cannabis possession than their White counterparts, despite equal rates of use across populations. According to the FBI’s Uniform Crime Reporting Program, over 545,000 Americans were arrested for marijuana-related crimes in 2019 alone, and over 90% of those arrested were charged with mere possession. Marijuana prohibition is also one of the single largest contributors of unjust practices like civil asset forfeiture, no-knock arrests, and stop-and-frisk policing.

The communities that have been most harmed by cannabis prohibition are benefiting the least from the legal marijuana marketplace. A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry. Fewer than one-fifth of cannabis business owners identify as minorities and only approximately 4 percent are Black.

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