U.S. Senator Kamala D. Harris (D-CA) and U.S. Representative Jerrold Nadler (D-NY-10), Chairman of the House Judiciary Committee, on Tuesday introduced the Marijuana Opportunity Reinvestment and Expungement Act, one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.
“Times have changed — marijuana should not be a crime,” said Sen. Harris. “We need to start regulating marijuana, and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives. As marijuana becomes legal across the country, we must make sure everyone — especially communities of color that have been disproportionately impacted by the War on Drugs — has a real opportunity to participate in this growing industry. I am thrilled to work with Chairman Nadler on this timely and important step toward racial and economic justice.”
“Despite the legalization of marijuana in states across the country, those with criminal convictions for marijuana still face second class citizenship. Their vote, access to education, employment, and housing are all negatively impacted,” said Chairman Nadler. “Racially motivated enforcement of marijuana laws has disproportionally impacted communities of color. It’s past time to right this wrong nationwide and work to view marijuana use as an issue of personal choice and public health, not criminal behavior. I’m proud to sponsor the Marijuana Opportunity Reinvestment and Expungement Act to decriminalize marijuana at the federal level, remove the needless burden of marijuana convictions on so many Americans, and invest in communities that have been disproportionately harmed by the war on drugs.”
“I am encouraged by Senator Harris’ Marijuana Opportunity Reinvestment and Expungement Act,” said Wanda James, CEO of Simply Pure Dispensary, Denver, CO, and the first African American woman to own a marijuana dispensary in Colorado. “Her focus and dedication to ending the generational damage done by mass incarceration due to federal cannabis prohibition is what is needed from our leadership. I am also excited about her emphasis in providing a path to ownership and wealth creation in communities that have been the most affected by this failed and racist drug war. It is time to change this history.”
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 resentencing 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 on even a minor marijuana offense. The Marijuana Opportunity Reinvestment and Expungement Act also ensures that all benefits in the law are available to juvenile offenders.
The Marijuana Opportunity Reinvestment and Expungement 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.
Along with Harris and Nadler, co-sponsors of the Marijuana Opportunity Reinvestment and Expungement Act include U.S. Senators Cory Booker (D-NJ), Jeff Merkley (D-OR), Ron Wyden (D-OR), and Elizabeth Warren (D-MA); and U.S. Representatives Barbara Lee (D-CA), Earl Blumenauer (D-OR), Hakeem S. Jeffries (D-NY), Nydia M. Velazquez (D-NY), Matt Gaetz (R-FL), David Cicilline (D-RI), Steve Cohen (D-TN), J. Luis Correa (D-CA), Madeleine Dean (D-PA), Theodore E. Deutch (D-FL), Veronica Escobar (D-TX), Sheila Jackson Lee (D-TX), Pramila Jayapal (D-WA), Henry C. “Hank” Johnson, Jr. (D-GA), Ted Lieu (D-CA), Zoe Lofgren (D-CA), Jamie Raskin (D-MA), Eric Swalwell (D-CA), Dwight Evans (D-PA), Tulsi Gabbard (D-HI), Debra A. Haaland (D-NM), Ro Khanna (D-CA), James P. McGovern (D-MA), Eleanor Holmes Norton (D-DC), Ayanna Pressley (D-MA), Maxine Waters (D-CA), and Bonnie Watson Coleman (D-NJ).
The Marijuana Opportunity Reinvestment and Expungement Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Drug Policy Alliance, Center for American Progress, 4thMVMT, ACLU, California Minority Alliance, Center for Law and Social Policy (CLASP), Human Rights Watch, Immigrant Legal Resource Center, Law Enforcement Action Partnership, Leadership Conference on Civil and Human Rights, National Council for Incarcerated and Formerly Incarcerated Women and Girls, National Organization for the Reform of Marijuana Laws (NORML), Sentencing Project, Students for Sensible Drug Policy, UndocuBlack Network, Washington Office on Latin America (WOLA).
“The disproportionate rates of marijuana arrests and incarceration faced by low-income communities and communities of color only scratch the surface of the devastation that prohibition has caused,” said Queen Adesuyi, policy coordinator for Drug Policy Alliance. “Marijuana convictions have disrupted people’s lives -- from one’s ability to secure or maintain employment, housing, funds for education, a valid driver’s license to the ability to keep one’s kids or remain in this country for noncitizens. The Marijuana Opportunity Reinvestment and Expungement Act ends prohibition in a way that centers communities most impacted by criminalization with reform that is as comprehensive as the decades of harm inflicted.”
“America’s black and brown communities have paid the heaviest price for this country’s drug war. The Marijuana Opportunity Reinvestment and Expungement Act marks an unprecedented step toward repairing this harm and represents the responsible way to move forward on marijuana policy,” said Ed Chung, Vice President of Criminal Justice Reform at the Center for American Progress. “We look forward to working with Congress to swiftly pass this bill.”
“At a point in time when simultaneously one person could have their life ruined in New York for the exact same action that makes someone in California a millionaire, now more than ever we must end the federal prohibition of marijuana,” said Justin Strekal, Political Director for NORML. “The Marijuana Opportunity Reinvestment and Expungement Act embodies the need to legalize cannabis and restore the rights of those who have suffered under the cruel and failed policy of criminalization.”
“Marijuana legalization is imperative if we are to move closer to true criminal justice reform, racial equality, and economic justice,” said Jesselyn McCurdy, Deputy Director of the Washington Legislative Office at the ACLU. “Too many communities of color have been disproportionately targeted and over-policed as a result of the war on drugs. We support this comprehensive bicameral legislation that aims to not only chart a more equitable path forward, but also repair some of the harm caused by the punitive marijuana laws of the past.
“We thank Senator Harris and Chairman Nadler for introducing the Marijuana Opportunity, Reinvestment and Expungement Act,” said Olivia Golden, Executive Director of the Center for Law and Social Policy (CLASP). “To successfully mitigate the damage of a biased criminal justice system, we need legislation that directly addresses the racial and economic disparities caused by marijuana criminalization. As an anti-poverty organization, we applaud the bill’s promotion of equal access to economic opportunities in the marijuana industry, support for community reinvestment strategies, and provisions ensuring that people with marijuana convictions no longer face the collateral consequences of a criminal record. By doing all this, the Marijuana Opportunity Reinvestment and Expungement Act would be an important first step to repairing the harm to communities of color and low-income communities from decades of discriminatory drug law enforcement and mass incarceration policies.”