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Bill
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H.R. 3884 — what changed

Marijuana Opportunity Reinvestment and Expungement Act of 2020

From Introduced in House to Reported in House. 12 sections amended and 2 added between Introduced in House and Reported in House.

Sec. 2 Findings

added The Congress finds as follows:

(a)
removed Cannabis removed from schedule of controlled substances—
(1)
removed 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)
removed by striking “(10) Marihuana.”; and
(B)
removed by striking “(17) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp (as defined in section 297A of the Agricultural Marketing Act of 1946).”.
(2)
removed 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.
(1)
changed Conforming amendments to controlled substances act— The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—communities that have been most harmed by cannabis prohibition are benefiting the least from the legal marijuana marketplace.
(2)
added 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.
(1)
removed in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;
(2)
removed in section 401(b) (21 U.S.C. 841(b))—
(A)
removed in paragraph (1)—
(i)
removed in subparagraph (A)—
(I)
removed in clause (vi), by inserting “or” after the semicolon;
(II)
removed by striking clause (vii); and
(III)
removed by redesignating clause (viii) as clause (vii);
(ii)
removed in subparagraph (B)—
(I)
removed in clause (vi), by inserting “or” after the semicolon;
(II)
removed by striking clause (vii); and
(III)
removed by redesignating clause (viii) as clause (vii);
(iii)
removed in subparagraph (C), in the first sentence, by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;
(iv)
removed by striking subparagraph (D);
(v)
removed by redesignating subparagraph (E) as subparagraph (D); and
(vi)
removed in subparagraph (D)(i), as so redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;
(B)
removed by striking paragraph (4); and
(C)
removed by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
(3)
removed in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;
(4)
removed in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;
(5)
removed in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
(6)
removed in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
(7)
removed in section 422(d) (21 U.S.C. 863(d))—
(A)
removed in the matter preceding paragraph (1), by striking “marijuana,”; and
(B)
removed in paragraph (5), by striking “, such as a marihuana cigarette,”; and
(8)
removed 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)
removed Other conforming amendments—
(1)
removed 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)
removed in section 15002(a) (16 U.S.C. 559b(a)) by striking “marijuana and other”;
(B)
removed in section 15003(2) (16 U.S.C. 559c(2)) by striking “marijuana and other”; and
(C)
removed in section 15004(2) (16 U.S.C. 559d(2)) by striking “marijuana and other”.
(2)
removed Interception of communications— Section 2516 of title 18, United States Code, is amended—
(A)
removed in subsection (1)(e), by striking “marihuana,”; and
(B)
removed in subsection (2) by striking “marihuana”.
(3)
changed Retroactivity— The amendments made by this section to 33 States, the Controlled Substances Act (21 U.S.C. 801 et seq.) are retroactive District of Columbia, Puerto Rico, and shall apply Guam have adopted laws allowing legal access to any offense committed, case pending, conviction entered, and, in cannabis, and 11 States, the case of a juvenile, any offense committed, case pending, or adjudication District of juvenile delinquency entered before, on, or after Columbia, and the date of enactment Commonwealth of this Act.the Northern Mariana Islands have adopted laws legalizing cannabis for adult recreational use.
(4)
added A total of 47 States have reformed their laws pertaining to cannabis despite the Schedule I status of marijuana and its Federal criminalization.
(5)
added Legal cannabis sales totaled $9.5 billion in 2017 and are projected to reach $23 billion by 2022.
(6)
added According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3.6 billion a year.
(7)
added The continued enforcement of cannabis prohibition laws results in over 600,000 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)
added 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)
added 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)
added Fewer than one-fifth of cannabis business owners identify as minorities and only approximately 4 percent are black.
(11)
added 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)
added 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)
added Federal law severely limits access to loans and capital for cannabis businesses, disproportionately impacting minority small business owners.
(14)
added 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)
added Cannabis removed from schedule of controlled substances—
(1)
added 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)
added by striking “(10) Marihuana.”; and
(B)
added by striking “(17) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp (as defined in section 297A of the Agricultural Marketing Act of 1946).”.
(a)
removed In general— The Bureau of Labor Statistics shall regularly compile, maintain, and make public data on the demographics of—
(2)
changed Removal from schedule— individuals who are business owners 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 cannabis industry; anddate 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.
(2)
removed individuals who are employed in the cannabis industry.
(b)
changed Demographic data—Conforming amendments to controlled substances act— The data collected under subsection (a) shall include data regarding—Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
(1)
changed age;in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;
(2)
changed certifications and licenses;in section 401(b) (21 U.S.C. 841(b))—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A)—
(I)
added in clause (vi), by inserting “or” after the semicolon;
(II)
added by striking clause (vii); and
(III)
added by redesignating clause (viii) as clause (vii);
(ii)
added in subparagraph (B)—
(I)
added in clause (vi), by inserting “or” after the semicolon;
(II)
added by striking clause (vii); and
(III)
added by redesignating clause (viii) as clause (vii);
(iii)
added in subparagraph (C), in the first sentence, by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;
(iv)
added by striking subparagraph (D);
(v)
added by redesignating subparagraph (E) as subparagraph (D); and
(vi)
added in subparagraph (D)(i), as so redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;
(B)
added by striking paragraph (4); and
(C)
added by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
(3)
changed disability status;in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;
(4)
changed educational attainment;in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;
(5)
changed family and marital status;in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
(6)
changed nativity;in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
(7)
changed race and Hispanic ethnicity;in section 422(d) (21 U.S.C. 863(d))—
(A)
added in the matter preceding paragraph (1), by striking “marijuana,”; and
(B)
added in paragraph (5), by striking “, such as a marihuana cigarette,”; and
(8)
changed school enrollment;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)
added Other conforming amendments—
(1)
added 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)
added in section 15002(a) (16 U.S.C. 559b(a)) by striking “marijuana and other”;
(B)
added in section 15003(2) (16 U.S.C. 559c(2)) by striking “marijuana and other”; and
(C)
added in section 15004(2) (16 U.S.C. 559d(2)) by striking “marijuana and other”.
(2)
added Interception of communications— Section 2516 of title 18, United States Code, is amended—
(A)
added in subsection (1)(e), by striking “marihuana,”; and
(B)
added in subsection (2) by striking “marihuana”.
(9)
removed veteran status; and
(10)
removed sex.
(c)
removed 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)
changed Definitions—Retroactivity— In The amendments made by this section: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.
(1)
removed 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)
removed 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)
removed 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 Demographic data of cannabis business owners and employees

(a)
added In general— The Bureau of Labor Statistics shall regularly compile, maintain, and make public data on the demographics of—
(a)
removed Trust Fund—
(1)
removed Establishment— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

removed “9512. Opportunity trust fund

removed “(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).

removed “(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).

removed “(c) Expenditures—Amounts in the Trust Fund shall be available, without further appropriation, only as follows:

removed “(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.

removed “(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.

removed “(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.

removed “(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.”

(1)
changed Clerical Amendment— The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end individuals who are business owners in the following new item:cannabis industry; and
(2)
added individuals who are employed in the cannabis industry.
(b)
added Demographic data— The data collected under subsection (a) shall include data regarding—
(b)
removed Imposition of tax—
(1)
removed 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:

removed “(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.”

(1)
changed Cannabis product defined— Section 5702 of such Code is amended by adding at the end the following new subsection:age;

removed “(q) Cannabis product

removed “(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.

removed “(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)).

removed “(3) Cannabis—The term cannabis—

removed “(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

removed “(B) does not include—

removed “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

removed “(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)
changed 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, certifications and cannabis products”.licenses;
(3)
changed 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:disability status;

removed “(r) Manufacturer of cannabis products

removed “(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).

removed “(2) Exception—Paragraph (1) shall not apply with respect to any cannabis product which is for such person’s own personal consumption or use.

removed “(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.”

(4)
changed Application of certain rules for determining price— Section 5702(l) of such Code is amended—educational attainment;
(A)
removed by striking “section 5701(a)(2)” and inserting “subsections (a)(2) and (h) of section 5701”; and
(B)
removed by inserting “and cannabis products” after “cigars” in the heading thereof.
(5)
changed 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”.”.family and marital status;
(6)
added nativity;
(7)
added race and Hispanic ethnicity;
(8)
added school enrollment;
(9)
added veteran status; and
(10)
added sex.
(c)
added 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)
added Definitions— In this section:
(1)
added 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)
added 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)
added 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.
(c)
removed Effective date—
(1)
removed 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)
removed Trust fund— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

Sec. 5 Creation of Opportunity Trust Fund and imposition of tax on cannabis products

(a)
changed Cannabis Justice Office; community reinvestment grant program—Trust Fund—
(1)
changed Cannabis Justice Office—Establishment— Part Subchapter A of title I chapter 98 of the Omnibus Crime Control and Safe Streets Act Internal Revenue Code of 1968 (34 U.S.C. 10101 et seq.) 1986 is amended by inserting after section 109 adding at the following:end the following new section:

changed “110. Cannabis justice office“9512. Opportunity trust fund

changed “(a) Establishment—There Creation of Trust Fund—There is established within in the Office Treasury of Justice Programs the United States a Cannabis Justice Office.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).

changed “(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 Transfers to the Assistant Attorney General for Trust Fund—There are hereby appropriated to the Office of Justice Programs. The Director shall award grants and may enter into compacts, cooperative agreements, and contracts on behalf of Trust Fund amounts equivalent to the Cannabis Justice Office. The Director may not engage net revenues received 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 Treasury from the Office makes any contract or other arrangement.tax imposed by section 5701(h).

changed “(c) EmployeesExpenditures—Amounts in the Trust Fund shall be available, without further appropriation, only as follows:

changed “(1) In general—The Director shall employ as many full-time employees as are needed 50 percent to the Attorney General to carry out section 3052(a) of part OO of the duties Omnibus Crime Control and functions Safe Streets Act of the Cannabis Justice Office under subsection (d). Such employees shall be exclusively assigned to the Cannabis Justice Office.1968.

changed “(2) Initial hires—Not later than 6 months after 10 percent to the date Attorney General to carry out section 3052(b) of enactment part OO of this section, the Director shall—Omnibus Crime Control and Safe Streets Act of 1968.

changed “(A) hire no less than one-third of “(3) 20 percent to the total number Administrator of employees the Small Business Administration to carry out section 6(b)(1) of the Cannabis Justice Office; andMarijuana Opportunity Reinvestment and Expungement Act of 2019.

changed “(B) no more than one-half “(4) 20 percent to the Administrator of the employees assigned Small Business Administration to carry out section 6(b)(2) of the Cannabis Justice Office by term appointment that may after 2 years be converted to career appointment.Marijuana Opportunity Reinvestment and Expungement Act of 2019.”

removed “(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.

removed “(d) Duties and Functions—The Cannabis Justice Office is authorized to—

removed “(1) administer the Community Reinvestment Grant Program; and

removed “(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)
changed Community Reinvestment Grant Program—Clerical Amendment— Title I The table of the Omnibus Crime Control and Safe Streets Act sections for subchapter A of 1968 (34 U.S.C. et seq.) chapter 98 of such Code is amended by adding at the end the following:following new item:

removed “OO Community Reinvestment Grant Program

removed “3052. Authorization

removed “(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—

removed “(1) job training;

removed “(2) reentry services;

removed “(3) legal aid for civil and criminal cases, including expungement of cannabis convictions;

removed “(4) literacy programs;

removed “(5) youth recreation or mentoring programs; and

removed “(6) health education programs.

removed “(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.

removed “3053. Funding from opportunity trust fund

removed “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.

removed “3054. Definitions

removed “In this part:

removed “(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).

removed “(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.

removed “(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.

removed “(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)
changed Cannabis opportunity program; equitable licensing grant program—Imposition of tax—
(1)
changed Cannabis Opportunity Program—In general— The Administrator Section 5701 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) Internal Revenue Code of the Small Business Act (15 U.S.C. 363(m)) to assist small business concerns owned and controlled 1986 is amended by socially and economically disadvantaged individuals, redesignating subsection (h) as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)) that operate in subsection (i) and by inserting after subsection (g) the cannabis industry.following new subsection:

added “(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)
changed Equitable Licensing Grant Program—Cannabis product defined— 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 Section 5702 of locality funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals most adversely impacted such Code is amended by the War on Drugs, provided that each grantee includes in its cannabis licensing program adding at least four of the following:end the following new subsection:

added “(q) Cannabis product

added “(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.

added “(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)).

added “(3) Cannabis—The term cannabis—

added “(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

added “(B) does not include—

added “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

added “(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.”

(A)
removed 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)
removed 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)
removed A prohibition on criminal conviction restrictions for licensing except with respect to a conviction related to owning and operating a business.
(D)
removed 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)
removed 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)
changed Definitions—Cannabis products treated as tobacco products— In this subsection: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)
added 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:

added “(r) Manufacturer of cannabis products

added “(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).

added “(2) Exception—Paragraph (1) shall not apply with respect to any cannabis product which is for such person’s own personal consumption or use.

added “(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)
added Application of certain rules for determining price— Section 5702(l) of such Code is amended—
(A)
added by striking “section 5701(a)(2)” and inserting “subsections (a)(2) and (h) of section 5701”; and
(B)
added by inserting “and cannabis products” after “cigars” in the heading thereof.
(6)
added 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)
added Effective date—
(1)
added 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)
added Trust fund— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
(A)
removed The term individual most adversely impacted by the War on Drugs means an individual—
(i)
removed who has had an income below 250 percent of the Federal Poverty Level for at least 5 of the past 10 years; and
(ii)
removed 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)
removed The term eligible State or locality means a State or locality that has taken steps to—
(i)
removed create an automatic process, at no cost to the individual, for the expungement, destruction, or sealing of criminal records for cannabis offenses; and
(ii)
removed eliminate violations or other penalties for persons under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense.
(C)
removed 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 Opportunity trust fund programs

(a)
added Cannabis Justice Office; community reinvestment grant program—
(1)
added 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:

added “110. Cannabis justice office

added “(a) Establishment—There is established within the Office of Justice Programs a Cannabis Justice Office.

added “(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.

added “(c) Employees

added “(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.

added “(2) Initial hires—Not later than 6 months after the date of enactment of this section, the Director shall—

added “(A) hire no less than one-third of the total number of employees of the Cannabis Justice Office; and

added “(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.

added “(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.

added “(d) Duties and Functions—The Cannabis Justice Office is authorized to—

added “(1) administer the Community Reinvestment Grant Program; and

added “(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)
added 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:

added “OO Community Reinvestment Grant Program

added “3052. Authorization

added “(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—

added “(1) job training;

added “(2) reentry services;

added “(3) legal aid for civil and criminal cases, including expungement of cannabis convictions;

added “(4) literacy programs;

added “(5) youth recreation or mentoring programs;

added “(6) health education programs; and

added “(7) services to address any collateral consequences that individuals or communities face as a result of the War on Drugs.

added “(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.

added “3053. Funding from opportunity trust fund

added “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.

added “3054. Definitions

added “In this part:

added “(1) The term cannabis conviction means a conviction, or adjudication of juvenile delinquency, for a cannabis offense (as such term is defined in section 13 of the Marijuana Opportunity Reinvestment and Expungement Act of 2019).

added “(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.

added “(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.

added “(4) The term individuals most adversely impacted by the War on Drugs has the meaning given that term in section 6 of the Marijuana Opportunity Reinvestment and Expungement Act of 2019.”

(b)
added Cannabis opportunity program; equitable licensing grant program—
(1)
added 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)
added 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)
added 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)
added 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)
added A prohibition on criminal conviction restrictions for licensing except with respect to a conviction related to owning and operating a business.
(D)
added 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)
added 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)
added Definitions— In this subsection:
(A)
added The term individual most adversely impacted by the War on Drugs means an individual—
(i)
added who has had an income below 250 percent of the Federal Poverty Level for at least 5 of the past 10 years; and
(ii)
added 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)
added The term eligible State or locality means a State or locality that has taken steps to—
(i)
added create an automatic process, at no cost to the individual, for the expungement, destruction, or sealing of criminal records for cannabis offenses; and
(ii)
added eliminate violations or other penalties for persons under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense.
(C)
added 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”)).
(a)
removed 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:

removed “(ff) Cannabis-Related legitimate businesses and service providers—In this Act:

removed “(1) Cannabis—The term cannabis—

removed “(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

removed “(B) does not include—

removed “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

removed “(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.

removed “(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—

removed “(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

removed “(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.

removed “(3) Service provider—The term service provider—

removed “(A) means a business, organization, or other person that—

removed “(i) sells goods or services to a cannabis-related legitimate business; or

removed “(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

removed “(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)
removed 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:

removed “(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)
removed 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:

removed “(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)
removed 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)
removed 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:

removed “(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)
removed 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:

removed “(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)
removed 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:

removed “(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)
removed 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:

removed “(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)
removed 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:

removed “511. Loans to cannabis-related legitimate businesses and service providers

removed “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 Availability of Small Business Administration programs and services to cannabis-related legitimate businesses and service providers

(a)
changed In general—Definitions relating to cannabis-Related legitimate businesses and service providers— No person may be denied any Federal public benefit (as such term is defined in section 401(c) Section 3 of the Personal Responsibility and Work Opportunity Reconciliation Small Business Act of 1996 (8 (15 U.S.C. 1611(c))) on 632) is amended by adding at the basis of any use or possession of cannabis, or on end the basis of a conviction or adjudication of juvenile delinquency for a cannabis offense, by that person.following new subsection:

added “(ff) Cannabis-Related legitimate businesses and service providers—In this Act:

added “(1) Cannabis—The term cannabis—

added “(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

added “(B) does not include—

added “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

added “(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.

added “(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—

added “(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

added “(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.

added “(3) Service provider—The term service provider—

added “(A) means a business, organization, or other person that—

added “(i) sells goods or services to a cannabis-related legitimate business; or

added “(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

added “(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)
changed Security clearances—Small business development centers— Federal agencies may not use past or present cannabis or marijuana use as criteria for granting, denying, or rescinding a security clearance.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:

added “(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)
added 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:

added “(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)
added 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)
added 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:

added “(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)
added 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:

added “(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)
added 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:

added “(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)
added 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:

added “(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)
added 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:

added “511. Loans to cannabis-related legitimate businesses and service providers

added “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. 8 No discrimination in the provision of a federal public benefit on the basis of cannabis

(a)
changed In general— For purposes of the immigration laws No person may be denied any Federal public benefit (as such term is defined in section 101 401(c) of the Immigration and Nationality Act), cannabis may not be considered a controlled substance, Personal Responsibility and an alien may not be denied any benefit or protection under the immigration laws based Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c))) on the basis of any event, including conduct, a finding, an admission, addiction or abuse, an arrest, a juvenile adjudication, use or a conviction, relating to cannabis, regardless possession of whether the event occurred before, on, cannabis, or after on the effective date basis of this Act.a conviction or adjudication of juvenile delinquency for a cannabis offense, by that person.
(b)
changed Cannabis defined—Security clearances— The term cannabis—Federal agencies may not use past or present cannabis or marijuana use as criteria for granting, denying, or rescinding a security clearance.
(1)
removed 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)
removed does not include—
(A)
removed hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
(B)
removed 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)
removed Conforming amendments to immigration and nationality act— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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 No adverse effect for purposes of the immigration laws

(a)
added 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)
added Cannabis defined— The term cannabis—
(a)
removed Expungement of Federal cannabis offense convictions for individuals not under a criminal justice sentence—
(1)
removed 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)
removed 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)
removed 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)
removed 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)
removed Sentencing review for individuals under a criminal justice sentence—
(1)
removed 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.
(1)
changed Potential reduced resentencing— After a sentencing hearing under paragraph (1), a court shall—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)
added does not include—
(A)
added hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
(B)
added 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.
(A)
removed 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)
removed 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)
removed 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)
changed Effect of expungement—Conforming amendments to immigration and nationality act— An individual who has had an arrest, a conviction, or juvenile delinquency adjudication expunged under this section—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
changed may treat the arrest, conviction, or adjudication in section 212(h), by striking “and subparagraph (A)(i)(II) of such subsection insofar as if it never occurred; andrelates to a single offense of simple possession of 30 grams or less of marijuana”;
(2)
changed shall be immune from any civil or criminal penalties related to perjury, false swearing, or false statements, for in section 237(a)(2)(B)(i), by striking “other than a failure to disclose such arrest, conviction, single offense involving possession for one’s own use of 30 grams or adjudication.less of marijuana”;
(3)
added 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)
added 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)
added 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)
added 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)
added 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”.
(d)
removed Definitions— In this section:
(1)
removed 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)
removed 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)
removed 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 Resentencing and expungement

(a)
added Expungement of Federal cannabis offense convictions for individuals not under a criminal justice sentence—
(1)
added 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)
added 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)
added 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)
added 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)
added Sentencing review for individuals under a criminal justice sentence—
(1)
added 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)
added Potential reduced resentencing— After a sentencing hearing under paragraph (1), a court shall—
(A)
added 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)
added 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)
added 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.

removed 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)
removed there appears or may appear the term marihuana or marijuana, that term shall be struck and the term cannabis shall be inserted; and
(c)
changed Effect of expungement— there appears or may appear the term Marihuana An individual who has had an arrest, a conviction, or Marijuana, that term shall be struck and the term Cannabis shall be inserted.juvenile delinquency adjudication expunged under this section—
(1)
added may treat the arrest, conviction, or adjudication as if it never occurred; and
(2)
added 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)
added Definitions— In this section:
(1)
added 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)
added 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)
added 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).
(e)
added Study— The Comptroller General of the United States, in consultation with the National Institute on Drug Abuse, shall conduct a demographic study of individuals convicted of a Federal cannabis offense. Such study shall include information about the age, race, ethnicity, sex, and gender identity of those individuals, the type of community such users dwell in, and such other demographic information as the Comptroller General determines should be included.
(f)
added Report— Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress the results of the study conducted under subsection (e).

Sec. 11 References in existing law to marijuana or marihuana

changed 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, Wherever, in the remainder statutes of this Act, the amendments made by this Act, and United States or in the application rulings, regulations, or interpretations of this Act various administrative bureaus and agencies of the amendments made by this Act to any other person or circumstance shall not be affected.United States—

(1)
added there appears or may appear the term marihuana or marijuana, that term shall be struck and the term cannabis shall be inserted; and
(2)
added there appears or may appear the term Marihuana or Marijuana, that term shall be struck and the term Cannabis shall be inserted.

Sec. 12 Severability

changed For purposes 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 term cannabis offense means a criminal offense related remainder of this Act, the amendments made by this Act, and the application of this Act and the amendments made by this Act to cannabis—any other person or circumstance shall not be affected.

(1)
removed that, under Federal law, is no longer punishable pursuant to this Act or the amendments made under this Act; or
(2)
removed 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 Cannabis offense defined

changed Unless otherwise provided in this Act, not later than 1 year after the date of enactment For purposes 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 term cannabis offense means a description and justification for additional guidance.criminal offense related to cannabis—

(1)
added that, under Federal law, is no longer punishable pursuant to this Act or the amendments made under this Act; or
(2)
added 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. 14 Rulemaking

added

added 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.

Sec. 15 Societal impact of marijuana legalization study

added

added The Comptroller General of the United States shall, not later than 2 years after the date of enactment of this Act, provide to Congress a study that addresses the societal impact of the legalization of recreational cannabis by States, including—

(1)
added sick days reported to employers;
(2)
added workers compensations claims;
(3)
added tax revenue remitted to States resulting from legal marijuana sales;
(4)
added changes in government spending related to enforcement actions and court proceedings;
(5)
added Federal welfare assistance applications;
(6)
added rate of arrests related to methamphetamine possession;
(7)
added hospitalization rates related to methamphetamine and narcotics use;
(8)
added uses of marijuana and its byproducts for medical purposes;
(9)
added arrest rates of individuals driving under the influence or driving while intoxicated by marijuana;
(10)
added traffic-related deaths and injuries where the driver is impaired by marijuana;
(11)
added arrest of minors for marijuana-related charges;
(12)
added violent crime rates;
(13)
added school suspensions, expulsions, and law enforcement referrals that are marijuana-related;
(14)
added high school dropout rates;
(15)
added changes in district-wide and State-wide standardized test scores;
(16)
added marijuana-related hospital admissions and poison control calls;
(17)
added marijuana-related juvenile admittances into substance rehabilitation facilities and mental health clinics;
(18)
added diversion of marijuana into neighboring States and drug seizures in neighboring States;
(19)
added marijuana plants grown on public lands in contravention to Federal and State laws; and
(20)
added court filings under a State’s organized crime statutes.