legislation

 
 

WHAT IT DOES

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act (descheduling), applies this retroactively to prior and current convictions, and enables states to set their own policies.

  • Requires federal courts to expunge marijuana arrests and convictions, and re-sentence those still in custody or under court supervision for a marijuana offense.

  • Prevents the government from denying an individual federal benefits, student financial aid, or security clearances needed to obtain government jobs because of marijuana use.

  • Authorizes the assessment of a 5% excise tax on marijuana sales at the manufacturer level to fund programs to provide services to individuals most adversely impacted by the War on Drugs, including legal services, job training, and substance misuse treatment.

  • Funds equitable licensing programs so that states and localities can implement inclusive marijuana licensing systems that minimize barriers to marijuana licensing and employment for individuals most adversely impacted by the War on Drugs.

  • Opens up Small Business Administration resources to support economically and socially disadvantaged entrepreneurs within marijuana and marijuana-related marketplace to increase and help sustain diversity and inclusion.

  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure equitable participation

BILL STATUS

  • First introduced by Congressman Jerrold Nadler (NY-10) and Senator Kamala Harris (CA) on July 23, 2019.

  • Has passed the House of Representatives twice:

 
 

WHAT IT DOES

Excerpted from author’s overview and summary letter. This bill affects the following the areas:

  • Public health:

    • Authorizes the Food and Drug Administration (FDA) to regulate most elements of cannabis commerce

    • Prohibits vaporized cannabis products from containing added flavors

    • Increases funding for substance use disorder treatment

    • Requires the Department of Veterans Affairs and Indian Health Services to provide recommendations on medical use for patients

  • Public safety:

    • Removes cannabis from the Controlled Substances Act, retains prohibition on trafficking where it violates state law

    • Implements a national track-and-trace system, sets limits on purchase quantity

    • Provides federal grants to law enforcement to prosecute unregulated cannabis activity

    • Creates several directives for the National Highway Traffic Safety Administration (NHTSA) to collect data about cannabis-influenced driving, develop impaired driving related educational materials, and conduct an awareness campaign

  • Regulation and Taxation:

    • Authorizes the FDA and Alcohol and Tobacco Tax and Trade Bureau (TTB) to tax and regulate cannabis

    • Eliminates the 280E “kingpin tax” and allows licensed cannabis businesses to claim normla business expenses

    • Creates a tiered and graduated excise tax that ranges from 5%-12.5% on small and mid-sized producers to 10%-25% on large producers

    • Sets rules to prevent “anti-competitive behavior”

  • Research:

    • Directs several federal agencies (GAO, HHS, NIH, VA, BLS) to produce reports documenting various impacts of cannabis legalization, conduct clinical trials, establish grants, and more.

  • Entrepreneurship and Restorative Justice:

    • Establishes grant programs and new funding under existing programs that “reinvest in communities and individuals harmed most by the the failed War on Drugs”, in various ways

    • Incentivizes local and state authorities to develop equitable licensing programs, funding for technical training

    • Makes direct loans available to qualified applicants through the Small Business Administration (SBA)

    • Initiates automatic expungements of federal non-violent cannabis offenses, allows for re-sentencing, prevents the denial of any benefits or protections to any non-citizen under immigration law because of cannabis use or possession, prevents discrimination in federal benefits

  • Workers’ Rights:

    • Removes most federal pre-employment screening and random drug testing for cannabis, while excluding certain sensitive positions like national security and law enforcement

    • Requires licensed cannabis operators to comply with the federal labor law

BILL STATUS