[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2227 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2227
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 SENATE OF THE UNITED STATES
July 23, 2019
Ms. Harris (for herself, Mr. Booker, Mr. Merkley, Mr. Wyden, and Ms.
Warren) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
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 of 2019'' or the ``MORE Act of 2019''.
SEC. 2. 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 in
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. 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''.
(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.
SEC. 3. 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. 4. CREATION OF OPPORTUNITY TRUST FUND AND IMPOSITION OF TAX ON
CANNABIS PRODUCTS.
(a) Trust Fund.--
(1) Establishment.--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. 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 or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Trust Fund amounts equivalent to the net revenues received in the
Treasury from the tax imposed by section 5701(h).
``(c) Expenditures.--Amounts in the Trust Fund shall be available,
without further appropriation, only as follows:
``(1) 50 percent to the Attorney General to carry out
section 3052(a) of part OO of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(2) 10 percent to the Attorney General to carry out
section 3052(b) of part OO of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(3) 20 percent to the Administrator of the Small Business
Administration to carry out section 5(b)(1) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2019.
``(4) 20 percent to the Administrator of the Small Business
Administration to carry out section 5(b)(2) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2019.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9512. Opportunity trust fund.''.
(b) Imposition of Tax.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Cannabis Products.--On cannabis products, manufactured in or
imported into the United States, there shall be imposed a tax equal to
5 percent of the price for which sold.''.
(2) Cannabis product defined.--Section 5702 of such Code is
amended by adding at the end the following new subsection:
``(q) Cannabis Product.--
``(1) In general.--Except as provided in paragraph (2), the
term `cannabis product' means any cannabis or any article which
contains cannabis or any derivative thereof.
``(2) Exception.--The term `cannabis product' shall not
include any medicine or drug that is a prescribed drug (as such
term is defined in section 213(d)(3)).
``(3) Cannabis.--The term `cannabis'--
``(A) means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the
resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin; and
``(B) does not include--
``(i) hemp, as defined in section 297A of
the Agricultural Marketing Act of 1946; or
``(ii) the mature stalks of such plant,
fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other
compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such
plant which is incapable of germination.''.
(3) Cannabis products treated as tobacco products.--Section
5702(c) of such Code is amended by striking ``and roll-your-own
tobacco'' and inserting ``roll-your-own tobacco, and cannabis
products''.
(4) Manufacturer of cannabis products treated as
manufacturer of tobacco products.--Section 5702 of such Code is
amended by adding at the end the following new subsection:
``(r) Manufacturer of Cannabis Products.--
``(1) In general.--Any person who plants, cultivates,
harvests, produces, manufactures, compounds, converts,
processes, prepares, or packages any cannabis product shall be
treated as a manufacturer of cannabis products (and as
manufacturing such cannabis product).
``(2) Exception.--Paragraph (1) shall not apply with
respect to any cannabis product which is for such person's own
personal consumption or use.
``(3) Application of rules related to manufacturers of
tobacco products.--Any reference to a manufacturer of tobacco
products, or to manufacturing tobacco products, shall be
treated as including a reference to a manufacturer of cannabis
products, or to manufacturing cannabis products,
respectively.''.
(5) Application of certain rules for determining price.--
Section 5702(l) of such Code is amended--
(A) by striking ``section 5701(a)(2)'' and
inserting ``subsections (a)(2) and (h) of section
5701''; and
(B) by inserting ``and Cannabis Products'' after
``Cigars'' in the heading thereof.
(6) Conforming amendment.--Section 5702(j) of such Code is
amended by adding at the end the following new sentence: ``In
the case of a cannabis product, the previous sentence shall be
applied by substituting `from a facility of a manufacturer
required to file a bond under section 5711' for `from the
factory or from internal revenue bond under section 5704'.''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
articles manufactured or imported in calendar quarters
beginning more than one year after the date of the enactment of
this Act.
(2) Trust fund.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 5. OPPORTUNITY TRUST FUND PROGRAMS.
(a) Cannabis Justice Office; Community Reinvestment Grant
Program.--
(1) Cannabis justice office.--Part A of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.) is amended by inserting after section 109 the
following:
``SEC. 110. CANNABIS JUSTICE OFFICE.
``(a) Establishment.--There is established within the Office of
Justice Programs a Cannabis Justice Office.
``(b) Director.--The Cannabis Justice Office shall be headed by a
Director who shall be appointed by the Assistant Attorney General for
the Office of Justice Programs. The Director shall report to the
Assistant Attorney General for the Office of Justice Programs. The
Director shall award grants and may enter into compacts, cooperative
agreements, and contracts on behalf of the Cannabis Justice Office. The
Director may not engage in any employment other than that of serving as
the Director, nor may the Director hold any office in, or act in any
capacity for, any organization, agency, or institution with which the
Office makes any contract or other arrangement.
``(c) Employees.--
``(1) In general.--The Director shall employ as many full-
time employees as are needed to carry out the duties and
functions of the Cannabis Justice Office under subsection (d).
Such employees shall be exclusively assigned to the Cannabis
Justice Office.
``(2) Initial hires.--Not later than 6 months after the
date of enactment of this section, the Director shall--
``(A) hire no less than one-third of the total
number of employees of the Cannabis Justice Office; and
``(B) no more than one-half of the employees
assigned to the Cannabis Justice Office by term
appointment that may after 2 years be converted to
career appointment.
``(3) Legal counsel.--At least one employee hired for the
Cannabis Justice Office shall serve as legal counsel to the
Director and shall provide counsel to the Cannabis Justice
Office.
``(d) Duties and Functions.--The Cannabis Justice Office is
authorized to--
``(1) administer the Community Reinvestment Grant Program;
and
``(2) perform such other functions as the Assistant
Attorney General for the Office of Justice Programs may
delegate, that are consistent with the statutory obligations of
this section.''.
(2) Community reinvestment grant program.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
et seq.) is amended by adding at the end the following:
``PART OO--COMMUNITY REINVESTMENT GRANT PROGRAM
``SEC. 3052. AUTHORIZATION.
``(a) In General.--The Director of the Cannabis Justice Office
shall establish and carry out a grant program, known as the `Community
Reinvestment Grant Program', to provide eligible entities with funds to
administer services for individuals most adversely impacted by the War
on Drugs, including--
``(1) job training;
``(2) reentry services;
``(3) legal aid for civil and criminal cases, including
expungement of cannabis convictions;
``(4) literacy programs;
``(5) youth recreation or mentoring programs; and
``(6) health education programs.
``(b) Substance Use Treatment Services.--The Community Reinvestment
Grant Program established in subsection (a) shall provide eligible
entities with funds to administer substance use treatment services for
individuals most adversely impacted by the War on Drugs.
``SEC. 3053. FUNDING FROM OPPORTUNITY TRUST FUND.
``The Director shall carry out the program under this part using
funds made available under section 9512(c)(1) and (2) of the Internal
Revenue Code.
``SEC. 3054. DEFINITIONS.
``In this part:
``(1) The term `cannabis conviction' means a conviction, or
adjudication of juvenile delinquency, for a cannabis offense
(as such term is defined in section 12(2) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2019).
``(2) The term `substance use treatment' means an evidence-
based, professionally directed, deliberate, and planned regimen
including evaluation, observation, medical monitoring, harm
reduction, and rehabilitative services and interventions such
as pharmacotherapy, mental health services, and individual and
group counseling, on an inpatient or outpatient basis, to help
patients with substance use disorder reach remission and
maintain recovery.
``(3) The term `eligible entity' means a nonprofit
organization, as defined in section 501(c)(3) of the Internal
Revenue Code, that is representative of a community or a
significant segment of a community with experience in providing
relevant services to individuals most adversely impacted by the
War on Drugs in that community.
``(4) The term `individuals most adversely impacted by the
War on Drugs' has the meaning given that term in section 5 of
the Marijuana Opportunity Reinvestment and Expungement Act of
2019.''.
(b) Cannabis Opportunity Program; Equitable Licensing Grant
Program.--
(1) Cannabis opportunity program.--The Administrator of the
Small Business Administration shall establish and carry out a
program, to be known as the ``Cannabis Opportunity Program'' to
provide any eligible State or locality funds to make loans
under section 7(m) of the Small Business Act (15 U.S.C. 363(m))
to assist small business concerns owned and controlled by
socially and economically disadvantaged individuals, as defined
in section 8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)) that operate in the cannabis industry.
(2) Equitable licensing grant program.--The Administrator
of the Small Business Administration shall establish and carry
out a grant program, to be known as the ``Equitable Licensing
Grant Program'', to provide any eligible State of locality
funds to develop and implement equitable cannabis licensing
programs that minimize barriers to cannabis licensing and
employment for individuals most adversely impacted by the War
on Drugs, provided that each grantee includes in its cannabis
licensing program at least four of the following:
(A) A waiver of cannabis license application fees
for individuals who have had an income below 250
percent of the Federal Poverty Level for at least 5 of
the past 10 years who are first-time applicants.
(B) A prohibition on the denial of a cannabis
license based on a conviction for a cannabis offense
that took place prior to State legalization of cannabis
or the date of enactment of this Act, as appropriate.
(C) A prohibition on criminal conviction
restrictions for licensing except with respect to a
conviction related to owning and operating a business.
(D) A prohibition on cannabis license holders
engaging in suspicionless cannabis drug testing of
their prospective or current employees, except with
respect to drug testing for safety-sensitive positions,
as defined under the Omnibus Transportation Testing Act
of 1991.
(E) The establishment of a cannabis licensing board
that is reflective of the racial, ethnic, economic, and
gender composition of the State or locality, to serve
as an oversight body of the equitable licensing
program.
(3) Definitions.--In this subsection:
(A) The term ``individual most adversely impacted
by the War on Drugs'' means an individual--
(i) who has had an income below 250 percent
of the Federal Poverty Level for at least 5 of
the past 10 years; and
(ii) has been arrested for or convicted of
the sale, possession, use, manufacture, or
cultivation of cannabis or a controlled
substance (except for a conviction involving
distribution to a minor), or whose parent,
sibling, spouse, or child has been arrested for
or convicted of such an offense.
(B) The term ``eligible State or locality'' means a
State or locality that has taken steps to--
(i) create an automatic process, at no cost
to the individual, for the expungement,
destruction, or sealing of criminal records for
cannabis offenses; and
(ii) eliminate violations or other
penalties for persons under parole, probation,
pre-trial, or other State or local criminal
supervision for a cannabis offense.
(C) The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, any
territory or possession of the United States, and any
Indian Tribe (as defined in section 201 of Public Law
90-294 (25 U.S.C. 1301) (commonly known as the ``Indian
Civil Rights Act of 1968'')).
SEC. 6. AVAILABILITY OF SMALL BUSINESS ADMINISTRATION PROGRAMS AND
SERVICES TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND
SERVICE PROVIDERS.
(a) Definitions Relating to Cannabis-Related Legitimate Businesses
and Service Providers.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following new subsection:
``(ff) Cannabis-Related Legitimate Businesses and Service
Providers.--In this Act:
``(1) Cannabis.--The term `cannabis'--
``(A) means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the
resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin; and
``(B) does not include--
``(i) hemp, as defined in section 297A of
the Agricultural Marketing Act of 1946; or
``(ii) the mature stalks of such plant,
fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other
compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such
plant which is incapable of germination.
``(2) Cannabis-related legitimate business.--The term
`cannabis-related legitimate business' means a manufacturer,
producer, or any person or company that is a small business
concern and that--
``(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political sub-division; and
``(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
``(3) Service provider.--The term `service provider'--
``(A) means a business, organization, or other
person that--
``(i) sells goods or services to a
cannabis-related legitimate business; or
``(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
``(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.''.
(b) Small Business Development Centers.--Section 21(c) of the Small
Business Act (15 U.S.C. 648(c)) is amended by adding at the end the
following new paragraph:
``(9) Services for cannabis-related legitimate businesses
and service providers.--A small business development center may
not decline to provide services to an otherwise eligible small
business concern under this section solely because such concern
is a cannabis-related legitimate business or service
provider.''.
(c) Women's Business Centers.--Section 29 of the Small Business Act
(15 U.S.C. 656) is amended by adding at the end the following new
subsection:
``(p) Services for Cannabis-Related Legitimate Businesses and
Service Providers.--A women's business center may not decline to
provide services to an otherwise eligible small business concern under
this section solely because such concern is a cannabis-related
legitimate business or service provider.''.
(d) SCORE.--Section 8(b)(1)(B) of the Small Business Act (15 U.S.C.
637(b)(1)(B)) is amended by adding at the end the following new
sentence: ``The head of the SCORE program established under this
subparagraph may not decline to provide services to an otherwise
eligible small business concern solely because such concern is a
cannabis-related legitimate business or service provider.''.
(e) Veteran Business Outreach Centers.--Section 32 of the Small
Business Act (15 U.S.C. 657b) is amended by adding at the end the
following new subsection:
``(h) Services for Cannabis-Related Legitimate Businesses and
Service Providers.--A Veteran Business Outreach Center may not decline
to provide services to an otherwise eligible small business concern
under this section solely because such concern is a cannabis-related
legitimate business or service provider.''.
(f) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following new paragraph:
``(36) Loans to cannabis-related legitimate businesses and
service providers.--The Administrator may not decline to
provide a guarantee for a loan under this subsection to an
otherwise eligible small business concern solely because such
concern is a cannabis-related legitimate business or service
provider.''.
(g) Disaster Loans.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting after paragraph (15) the
following new paragraph:
``(16) Assistance to cannabis-related legitimate businesses
and service providers.--The Administrator may not decline to
provide assistance under this subsection to an otherwise
eligible borrower solely because such borrower is a cannabis-
related legitimate business or service provider.''.
(h) Microloans.--Section 7(m) of the Small Business Act (15 U.S.C.
636(m)) is amended by adding at the end the following new paragraph:
``(14) Assistance to cannabis-related legitimate businesses
and service providers.--An eligible intermediary may not
decline to provide assistance under this subsection to an
otherwise eligible borrower solely because such borrower is a
cannabis-related legitimate business or service provider.''.
(i) State or Local Development Company Loans.--Title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by
adding at the end the following new section:
``SEC. 511. LOANS TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND SERVICE
PROVIDERS.
``The Administrator may not decline to provide a guarantee for a
loan under this title to an otherwise eligible State or local
development company solely because such State or local development
company provides financing to an entity that is a cannabis-related
legitimate business or service provider (as defined in section 3(ff) of
the Small Business Act).''.
SEC. 7. NO DISCRIMINATION IN THE PROVISION OF A FEDERAL PUBLIC BENEFIT
ON THE BASIS OF CANNABIS.
(a) In General.--No person may be denied any Federal public benefit
(as such term is defined in section 401(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1611(c))) on the basis of any use or possession of cannabis, or
on the basis of a conviction or adjudication of juvenile delinquency
for a cannabis offense, by that person.
(b) Security Clearances.--Federal agencies may not use past or
present cannabis or marijuana use as criteria for granting, denying, or
rescinding a security clearance.
SEC. 8. NO ADVERSE EFFECT FOR PURPOSES OF THE IMMIGRATION LAWS.
(a) In General.--For purposes of the immigration laws (as such term
is defined in section 101 of the Immigration and Nationality Act),
cannabis may not be considered a controlled substance, and an alien may
not be denied any benefit or protection under the immigration laws
based on any event, including conduct, a finding, an admission,
addiction or abuse, an arrest, a juvenile adjudication, or a
conviction, relating to cannabis, regardless of whether the event
occurred before, on, or after the effective date of this Act.
(b) Cannabis Defined.--The term ``cannabis''--
(1) means all parts of the plant Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its
seeds or resin; and
(2) does not include--
(A) hemp, as defined in section 297A of the
Agricultural Marketing Act of 1946; or
(B) the mature stalks of such plant, fiber produced
from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature
stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such plant
which is incapable of germination.
(c) Conforming Amendments to Immigration and Nationality Act.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 212(h), by striking ``and subparagraph
(A)(i)(II) of such subsection insofar as it relates to a single
offense of simple possession of 30 grams or less of
marijuana'';
(2) in section 237(a)(2)(B)(i), by striking ``other than a
single offense involving possession for one's own use of 30
grams or less of marijuana'';
(3) in section 101(f)(3), by striking ``(except as such
paragraph relates to a single offense of simple possession of
30 grams or less of marihuana)'';
(4) in section 244(c)(2)(A)(iii)(II) by striking ``except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marijuana'';
(5) in section 245(h)(2)(B) by striking ``(except for so
much of such paragraph as related to a single offense of simple
possession of 30 grams or less of marijuana)'';
(6) in section 210(c)(2)(B)(ii)(III) by striking ``, except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marihuana''; and
(7) in section 245A(d)(2)(B)(ii)(II) by striking ``, except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marihuana''.
SEC. 9. RESENTENCING AND EXPUNGEMENT.
(a) Expungement of Federal Cannabis Offense Convictions for
Individuals Not Under a Criminal Justice Sentence.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each Federal district shall conduct
a comprehensive review and issue an order expunging each
conviction or adjudication of juvenile delinquency for a
Federal cannabis offense entered by each Federal court in the
district before the date of enactment of this Act and on or
after May 1, 1971. Each Federal court shall also issue an order
expunging any arrests associated with each expunged conviction
or adjudication of juvenile delinquency.
(2) Notification.--To the extent practicable, each Federal
district shall notify each individual whose arrest, conviction,
or adjudication of delinquency has been expunged pursuant to
this subsection that their arrest, conviction, or adjudication
of juvenile delinquency has been expunged, and the effect of
such expungement.
(3) Right to petition court for expungement.--At any point
after the date of enactment of this Act, any individual with a
prior conviction or adjudication of juvenile delinquency for a
Federal cannabis offense, who is not under a criminal justice
sentence, may file a motion for expungement. If the expungement
of such a conviction or adjudication of juvenile delinquency is
required pursuant to this Act, the court shall expunge the
conviction or adjudication, and any associated arrests. If the
individual is indigent, counsel shall be appointed to represent
the individual in any proceedings under this subsection.
(4) Sealed record.--The court shall seal all records
related to a conviction or adjudication of juvenile delinquency
that has been expunged under this subsection. Such records may
only be made available by further order of the court.
(b) Sentencing Review for Individuals Under a Criminal Justice
Sentence.--
(1) In general.--For any individual who is under a criminal
justice sentence for a Federal cannabis offense, the court that
imposed the sentence shall, on motion of the individual, the
Director of the Bureau of Prisons, the attorney for the
Government, or the court, conduct a sentencing review hearing.
If the individual is indigent, counsel shall be appointed to
represent the individual in any sentencing review proceedings
under this subsection.
(2) Potential reduced resentencing.--After a sentencing
hearing under paragraph (1), a court shall--
(A) expunge each conviction or adjudication of
juvenile delinquency for a Federal cannabis offense
entered by the court before the date of enactment of
this Act, and any associated arrest;
(B) vacate the existing sentence or disposition of
juvenile delinquency and, if applicable, impose any
remaining sentence or disposition of juvenile
delinquency on the individual as if this Act, and the
amendments made by this Act, were in effect at the time
the offense was committed; and
(C) order that all records related to a conviction
or adjudication of juvenile delinquency that has been
expunged or a sentence or disposition of juvenile
delinquency that has been vacated under this Act be
sealed and only be made available by further order of
the court.
(c) Effect of Expungement.--An individual who has had an arrest, a
conviction, or juvenile delinquency adjudication expunged under this
section--
(1) may treat the arrest, conviction, or adjudication as if
it never occurred; and
(2) shall be immune from any civil or criminal penalties
related to perjury, false swearing, or false statements, for a
failure to disclose such arrest, conviction, or adjudication.
(d) Definitions.--In this section:
(1) The term ``Federal cannabis offense'' means an offense
that is no longer punishable pursuant to this Act or the
amendments made under this Act.
(2) The term ``expunge'' means, with respect to an arrest,
a conviction, or a juvenile delinquency adjudication, the
removal of the record of such arrest, conviction, or
adjudication from each official index or public record.
(3) The term ``under a criminal justice sentence'' means,
with respect to an individual, that the individual is serving a
term of probation, parole, supervised release, imprisonment,
official detention, pre-release custody, or work release,
pursuant to a sentence or disposition of juvenile delinquency
imposed on or after the effective date of the Controlled
Substances Act (May 1, 1971).
SEC. 10. REFERENCES IN EXISTING LAW TO MARIJUANA OR MARIHUANA.
Wherever, in the statutes of the United States or in the rulings,
regulations, or interpretations of various administrative bureaus and
agencies of the United States--
(1) there appears or may appear the term ``marihuana'' or
``marijuana'', that term shall be struck and the term
``cannabis'' shall be inserted; and
(2) there appears or may appear the term ``Marihuana'' or
``Marijuana'', that term shall be struck and the term
``Cannabis'' shall be inserted.
SEC. 11. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
any application of such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this Act, the amendments
made by this Act, and the application of this Act and the amendments
made by this Act to any other person or circumstance shall not be
affected.
SEC. 12. CANNABIS OFFENSE DEFINED.
For purposes of this Act, the term ``cannabis offense'' means a
criminal offense related to cannabis--
(1) that, under Federal law, is no longer punishable
pursuant to this Act or the amendments made under this Act; or
(2) that, under State law, is no longer an offense or that
was designated a lesser offense or for which the penalty was
reduced under State law pursuant to or following the adoption
of a State law authorizing the sale or use of cannabis.
SEC. 13. RULEMAKING.
Unless otherwise provided in this Act, not later than 1 year after
the date of enactment of this Act, the Department of the Treasury, the
Department of Justice, and the Small Business Administration shall
issue or amend any rules, standard operating procedures, and other
legal or policy guidance necessary to carry out implementation of this
Act. After the 1-year period, any publicly issued sub-regulatory
guidance, including any compliance guides, manuals, advisories and
notices, may not be issued without 60-day notice to appropriate
congressional committees. Notice shall include a description and
justification for additional guidance.
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