[Congressional Record (Bound Edition), Volume 161 (2015), Part 9]
[Extensions of Remarks]
[Page 12101]
[From the U.S. Government Publishing Office, www.gpo.gov]




       INTRODUCTION OF THE CLEAN SLATE FOR MARIJUANA OFFENSES ACT

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                         Tuesday, July 21, 2015

  Mr. BLUMENAUER. Mr. Speaker, today, I am introducing legislation that 
will allow certain federal marijuana offenders the opportunity to clear 
their record.
  In 1973, Oregon became the first state to decriminalize the personal 
possession of a small amount of marijuana. Since then, an additional 15 
states have adopted similar policies. 23 states, the District of 
Columbia and Guam have passed laws that allow for the use of marijuana 
for certain medical conditions. In 2012, Washington and Colorado 
legalized the adult use of marijuana and in 2014, Oregon and Alaska 
followed suit. Oregon also recently led the nation in passing 
legislation to reduce penalties for marijuana offenses and qualifying 
certain marijuana offenses for expungement that could not previously be 
expunged.
  Under the Controlled Substances Act, however, marijuana remains a 
Schedule I substance, classified as severely as heroin and LSD and 
defined as having no medical value. As a result, at the federal level, 
possessing or distributing marijuana, regardless of the amount and 
regardless of state law, remains illegal.
  While the current Administration's policy is not to prosecute those 
who are operating in compliance with state law so long as they meet 
certain federal enforcement priorities, this was not always the case 
and may not always be the case going forward. Until recently, too many 
people were wrongly caught up in the conflict between federal and state 
law.
  In 2013, after a state-legal marijuana industry began to emerge in 
Montana, a federal investigation responded with a series of 33 
sentences against individuals, many who argued they were abiding by 
that system. The federal government also pursued drug trafficking 
charges against a family in Washington claiming to grow marijuana 
within the bounds of Washington's medical marijuana law. The $10 
million trial ultimately resulted in a manufacturing charge that will 
remain on their record.
  In addition, while the federal government generally devotes more 
resources to large-scale drug trafficking and lets local jurisdictions 
enforce marijuana possession offenses, federal possession charges 
occur. Over the past 10 years, at least 1,100 people have been 
sentenced for marijuana possession at the federal level.
  The Clean Slate for Marijuana Offenses Act of 2015 creates a pathway 
for two groups of federal marijuana offenders to expunge--or clear the 
criminal record of--their marijuana offense: those who were federally 
charged for activity that was legal in the state they were in at the 
time; and those whose offense was the possession of an ounce or less of 
marijuana.
  A federal drug conviction, no matter how small, can follow a person 
for their entire life, potentially limiting education and employment 
opportunities. As more and more states legalize different uses of 
marijuana, no one should be saddled with a record for activities 
related to marijuana that were legal in their state.
  In addition, the possession of a small amount should not ruin a 
person's chances at significant opportunities later in life. While the 
number of people charged with federal possession offenses is low, over 
seven million people have been arrested with marijuana possession when 
totaling state, federal and local law enforcement statistics over the 
past 10 years. This legislation sends a strong signal to state and 
local jurisdictions that allowing a pathway for expungement for certain 
marijuana offenders should happen at all levels of law enforcement.

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