The MORE Act

The MORE Act  (Marijuana Opportunity Reinvestment and Expungement act) passed through the House of Representatives on December, 4th 2020 by a vote of 228-164. 

The main points of the MORE act: 

  • replaces statutory references to marijuana and marihuana with cannabis 

  • requires the Bureau of Labor Statistics to regularly publish demographic data on cannabis business owners and employees 

  • establishes a trust fund to support various programs and services for individuals and businesses in communities impacted by the war on drugs 

  • imposes a 5% tax on cannabis products and requires revenues to be deposited into the trust fund 

  • makes Small Business Administration loans and services available to entities that are cannabis-related legitimate businesses or service providers 

  • prohibits the denial of federal public benefits to a person on the basis of certain cannabis-related conduct or convictions 

  • prohibits the denial of benefits and protections under immigration laws on the basis of a cannabis-related event (e.g., conduct or a conviction) 

  • establishes 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

  • allows for Veterans to obtain medical cannabis recommendations from Veterans Affairs doctors

 The MORE act essentially ends Federal prohibition and criminalization of cannabis by removing it from the Controlled Substances Act (CSA). If this bill passes the senate, then federal cannabis convictions would be expunged and cannabis would be rescheduled federally. The passing of the MORE act through the senate would be a great step forward in terms of gathering research, solving current banking and tax issues within the industry. However, many issues still need to be addressed for this bill to be more than just a symbolic gesture. 

For instance, the tenth amendment of the U.S Constitution states that the federal government cannot “commandeer” states by forcing them to enact laws in the federal interest. This is true in the cannabis prohibition context as well. If the MORE act passes, cannabis would be rescheduled and decriminalized federally, however you could still get arrested in a state with anti-cannabis restrictions. One option for Congress would be to enact the Commerce clause legislation. The Commerce clause is a provision of the U.S. Constitution that allows the Federal government to preempt state laws for the sake of interstate commerce. 

 Congress could also decide to encourage or incentivise states to develop cannabis programs to help end prohibition. This might be difficult to do as the MORE act includes a 5% federal tax on cannabis products. Something must be put into place in order to protect citizens in regards to the current marijuana policy gap. Another option for the Federal government would be to implement a federal regulatory framework to oversea the industry. 

It is important to reiterate that the MORE act reschedules cannabis and does not change all federal laws regarding cannabis. According to the Federal Food, Drug and Cosmetic Act, the Food and Drug Administration (FDA) claims that “cannabis and cannabis-derived compounds are drugs that require FDA approval before they may be added to foods and beverages, sold as dietary supplements, or advertised for therapeutic purposes.” The MORE act does not try and alter the aforementioned Federal Food, Drug and Cosmetic Act. 

As of November 2020, all but three U.S states have legalized the medical use of cannabis. The fact this bill passed through the house with such margin is symbolic. If the MORE act passes through the senate, cannabis will not be an illicit substance anymore according to the Federal government. However, there is much more work to be done in terms of creating a unified platform of cannabis legality.

What can you do to help pass the MORE Act? Call your representatives in the Senate. You can find information about how to contact your elected officials here. This issue should be a topic of discussion as we look toward the upcoming sessions. Please continue to educate yourself and help end the stigma.

For more information check out these sources: 

Nadler, Jerrold. H.R.3884 - 116th Congress (2019-2020): MORE Act of 2020. 4 Dec. 2020, www.congress.gov/bill/116th-congress/house-bill/3884. 

Project, Marijuana Policy. “The MORE Act.” MPP, www.mpp.org/policy/federal/the-more-act/. 





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