[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5068 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5068
To decriminalize and deschedule cannabis, to provide for reinvestment
in certain persons adversely impacted by the War on Drugs, to provide
for expungement of certain cannabis offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 29, 2025
Mr. Nadler (for himself, Ms. Titus, Ms. Omar, Ms. Velazquez, Mr. Lieu,
Ms. Norton, Mr. Cohen, Mr. McGarvey, Mr. Correa, Mr. Thanedar, Ms.
Balint, Ms. Pingree, Mr. Tonko, Mr. Carbajal, Mr. Smith of Washington,
Mr. Doggett, Ms. Jayapal, Ms. Tlaib, Mr. Cleaver, Ms. Wilson of
Florida, Ms. Brownley, Ms. DeGette, Mr. Huffman, Ms. Williams of
Georgia, Mr. Frost, Mrs. Watson Coleman, Mr. Espaillat, Ms. Kelly of
Illinois, Ms. Garcia of Texas, Mr. Pocan, Mr. Carter of Louisiana, Ms.
DelBene, Mr. Sherman, Mr. Garcia of Illinois, Mr. David Scott of
Georgia, Ms. Crockett, Mr. Casar, Mr. Khanna, Mr. Johnson of Georgia,
Mr. Mrvan, and Ms. Castor of Florida) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Energy and Commerce, Agriculture, Education and
Workforce, Ways and Means, Small Business, Natural Resources, Oversight
and Government Reform, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To decriminalize and deschedule cannabis, to provide for reinvestment
in certain persons adversely impacted by the War on Drugs, to provide
for expungement of certain cannabis offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marijuana Opportunity Reinvestment
and Expungement Act'' or the ``MORE Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The communities that have been most harmed by cannabis
prohibition are benefiting the least from the legal marijuana
marketplace.
(2) 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.
(3) 40 States, the District of Columbia, Puerto Rico, Guam,
and the U.S. Virgin Islands have adopted laws allowing legal
access to cannabis, and 24 States, the District of Columbia,
the Commonwealth of the Northern Mariana Islands, and Guam have
adopted laws legalizing cannabis for adult recreational use.
(4) A total of 47 States have reformed their laws
pertaining to cannabis despite the Schedule I status of
marijuana and its Federal criminalization.
(5) Legal cannabis sales totaled $20,000,000,000 in 2020
and are projected to reach $40,500,000,000 by 2025.
(6) According to the American Civil Liberties Union (ACLU),
enforcing cannabis prohibition laws costs taxpayers
approximately $3.6 billion a year.
(7) The continued enforcement of cannabis prohibition laws
results in over 200,000 arrests annually, disproportionately
impacting people of color who are almost 4 times more likely to
be arrested for cannabis possession than their White
counterparts, despite equal rates of use across populations.
(8) People of color have been historically targeted by
discriminatory sentencing practices resulting in Black men
receiving drug sentences that are 13.1 percent longer than
sentences imposed for White men and Latinos being nearly 6.5
times more likely to receive a Federal sentence for cannabis
possession than non-Hispanic Whites.
(9) In 2013, simple cannabis possession was the fourth most
common cause of deportation for any offense and the most common
cause of deportation for drug law violations.
(10) Fewer than one-fifth of cannabis business owners
identify as minorities and only approximately 4 percent are
Black.
(11) Applicants for cannabis licenses are limited by
numerous laws, regulations, and exorbitant permit applications,
licensing fees, and costs in these States, which can require
more than $700,000.
(12) Historically disproportionate arrest and conviction
rates make it particularly difficult for people of color to
enter the legal cannabis marketplace, as most States bar these
individuals from participating.
(13) Federal law severely limits access to loans and
capital for cannabis businesses, disproportionately impacting
minority small business owners.
(14) Some States and municipalities have taken proactive
steps to mitigate inequalities in the legal cannabis
marketplace and ensure equal participation in the industry.
SEC. 3. DECRIMINALIZATION OF CANNABIS.
(a) Cannabis Removed From Schedule of Controlled Substances.--
(1) Removal in statute.--Subsection (c) of schedule I of
section 202(c) of the Controlled Substances Act (21 U.S.C. 812)
is amended--
(A) by striking ``(10) Marihuana.''; and
(B) by striking ``(17) Tetrahydrocannabinols,
except for tetrahydrocannabinols in hemp (as defined
under section 297A of the Agricultural Marketing Act of
1946).''.
(2) Removal from schedule.--Not later than 180 days after
the date of the enactment of this Act, the Attorney General
shall finalize a rulemaking under section 201(a)(2) removing
marihuana and tetrahydrocannabinols from the schedules of
controlled substances. For the purposes of the Controlled
Substances Act, marihuana and tetrahydrocannabinols shall each
be deemed to be a drug or other substance that does not meet
the requirements for inclusion in any schedule. A rulemaking
under this paragraph shall be considered to have taken effect
as of the date of enactment of this Act for purposes of any
offense committed, case pending, conviction entered, and, in
the case of a juvenile, any offense committed, case pending,
and adjudication of juvenile delinquency entered before, on, or
after the date of enactment of this Act.
(b) Conforming Amendments to Controlled Substances Act.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking clause (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking clause (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(iii) in subparagraph (C), in the first
sentence, by striking ``subparagraphs (A), (B),
and (D)'' and inserting ``subparagraphs (A) and
(B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as so
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''.
(c) Other Conforming Amendments.--
(1) National forest system drug control act of 1986.--The
National Forest System Drug Control Act of 1986 (16 U.S.C. 559b
et seq.) is amended--
(A) in section 15002(a) (16 U.S.C. 559b(a)) by
striking ``marijuana and other'';
(B) in section 15003(2) (16 U.S.C. 559c(2)) by
striking ``marijuana and other''; and
(C) in section 15004(2) (16 U.S.C. 559d(2)) by
striking ``marijuana and other''.
(2) Interception of communications.--Section 2516 of title
18, United States Code, is amended--
(A) in subsection (1)(e), by striking
``marihuana,''; and
(B) in subsection (2) by striking ``marihuana''.
(3) FMCSA provisions.--
(A) Conforming amendment.--Section 31301(5) of
title 49, United States Code, is amended by striking
``section 31306,'' and inserting ``sections 31306,
31306a, and subsections (b) and (c) of section
31310,''.
(B) Definition.--Section 31306(a) of title 49,
United States Code, is amended--
(i) by striking ``means any substance'' and
inserting the following: ``means--
``(A) any substance''; and
(ii) by striking the period at the end and
inserting ``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(C) Disqualifications.--Section 31310(b) of title
49, United States Code, is amended by adding at the end
the following:
``(3) In this subsection and subsection (c), the term `controlled
substance' has the meaning given such term in section 31306(a).''.
(4) FAA provisions.--Section 45101 of title 49, United
States Code, is amended--
(A) by striking ``means any substance'' and
inserting the following: ``means--
``(A) any substance''; and
(B) by striking the period at the end and inserting
``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(5) FRA provisions.--Section 20140(a) of title 49, United
States Code, is amended--
(A) by striking ``means any substance'' and
inserting the following: ``means--
``(A) any substance''; and
(B) by striking the period at the end and inserting
``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(6) FTA provisions.--Section 5331(a)(1) of title 49, United
States Code, is amended--
(A) by striking ``means any substance'' and
inserting the following: ``means--
``(A) any substance''; and
(B) by striking the period at the end and inserting
``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and whose use the Secretary of
Transportation decides has a risk to transportation
safety.''.
(d) Retroactivity.--The amendments made by this section to the
Controlled Substances Act (21 U.S.C. 801 et seq.) are retroactive and
shall apply to any offense committed, case pending, conviction entered,
and, in the case of a juvenile, any offense committed, case pending, or
adjudication of juvenile delinquency entered before, on, or after the
date of enactment of this Act.
(e) Effect on Other Law.--Nothing in this subtitle shall affect or
modify--
(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.);
(2) section 351 of the Public Health Service Act (42 U.S.C.
262); or
(3) the authority of the Commissioner of Food and Drugs and
the Secretary of Health and Human Services--
(A) under--
(i) the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.); or
(ii) section 351 of the Public Health
Service Act (42 U.S.C. 262); or
(B) to promulgate Federal regulations and
guidelines that relate to products containing cannabis
or cannabis-derived compounds under the Act described
in subparagraph (A)(i) or the section described in
subparagraph (A)(ii).
(f) Public Meetings.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall hold not less
than one public meeting to address the regulation, safety,
manufacturing, product quality, marketing, labeling, and sale of
products containing cannabis or cannabis-derived compounds.
(g) Special Rule for Federal Employee Testing.--Section 503 of the
Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note) is amended
by adding at the end the following:
``(h) Marijuana.--
``(1) Continued testing.--Notwithstanding the Marijuana
Opportunity Reinvestment and Expungement Act and the amendments
made thereby, the Secretary of Health and Human Services may
continue to include marijuana for purposes of drug testing of
Federal employees subject to this section, Executive Order
12564, or other applicable Federal laws and orders.
``(2) Definition.--The term `marijuana' has the meaning
given to the term `marihuana' in section 102 of the Controlled
Substances Act (21 6 U.S.C. 802) on the day before the date of
enactment of the Marijuana Opportunity Reinvestment and
Expungement Act.''.
(h) Special Rule for Certain Regulations.--
(1) In general.--The amendments made by this section may
not be construed to abridge the authority of the Secretary of
Transportation, or the Secretary of the department in which the
Coast Guard is operating, to regulate and screen for the use of
a controlled substance.
(2) Controlled substance defined.--In this subsection, the
term ``controlled substance'' means--
(A) any substance covered under section 102 of the
Controlled Substances Act (21 U.S.C. 802) on the day
before the date of enactment of this Act; and
(B) any substance not covered under subparagraph
(A) that was a substance covered under section 102 of
the Controlled Substances Act (21 U.S.C. 802) on
December 1, 2018, and specified by the Secretary of
Transportation.
SEC. 4. DEMOGRAPHIC DATA OF CANNABIS BUSINESS OWNERS AND EMPLOYEES.
(a) In General.--The Bureau of Labor Statistics shall regularly
compile, maintain, and make public data on the demographics of--
(1) individuals who are business owners in the cannabis
industry; and
(2) individuals who are employed in the cannabis industry.
(b) Demographic Data.--The data collected under subsection (a)
shall include data regarding--
(1) age;
(2) certifications and licenses;
(3) disability status;
(4) educational attainment;
(5) family and marital status;
(6) nativity;
(7) race and Hispanic ethnicity;
(8) school enrollment;
(9) veteran status; and
(10) sex.
(c) Confidentiality.--The name, address, and other identifying
information of individuals employed in the cannabis industry shall be
kept confidential by the Bureau and not be made available to the
public.
(d) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' means either marijuana
or cannabis as defined under the State law authorizing the sale
or use of cannabis in which the individual or entity is
located.
(2) Cannabis industry.--The term ``cannabis industry''
means an individual or entity that is licensed or permitted
under a State or local law to engage in commercial cannabis-
related activity.
(3) Owner.--The term ``owner'' means an individual or
entity that is defined as an owner under the State or local law
where the individual or business is licensed or permitted.
SEC. 5. CREATION OF OPPORTUNITY TRUST FUND AND IMPOSITION OF TAXES WITH
RESPECT TO CANNABIS PRODUCTS.
(a) Establishment of Opportunity Trust Fund.--Subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9512. ESTABLISHMENT OF OPPORTUNITY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Opportunity Trust
Fund' (referred to in this section as the `Trust Fund'), consisting of
such amounts as may be appropriated or credited to such fund as
provided in this section