As the November election draws near, there is a significant possibility of a major shift in marijuana policy.
If the Democrats retain the presidency, secure control of the U.S. House of Representatives and maintain or strengthen their positions in the Senate, several pivotal federal marijuana bills are poised for serious consideration and potential enactment. This scenario, though far from certain, is also not out of the question. Recent polling shows Kamala Harris leading Donald Trump, and Democrats have a good chance of keeping the Senate. Additionally, they have a reasonable chance of gaining the four seats needed to regain control of the House of Representatives.
With that said, here are five bills that could transform federal marijuana laws if the Democrats gain control:
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act:
The MORE Act, supported by 94 sponsors, seeks to decriminalize marijuana federally by removing it from the Controlled Substances Act. The measure also includes provisions for expunging past marijuana convictions, and it establishes a federal tax on marijuana sales to fund these initiatives. Passage of the MORE Act would enable states to legalize and regulate marijuana without federal interference, promoting a more equitable marijuana policy nationwide.
When the Democrats last controlled the House, they twice passed the MORE Act, but it twice failed to advance in the evenly split Senate. If the Democrats take control of Congress, it’s all but certain they will push to pass either the MORE Act, or the CAOA (mentioned below).
The Cannabis Administration and Opportunity Act (CAOA):
Introduced by Senate Majority Leader Chuck Schumer and backed by 18 sponsors, the CAOA seeks to similarly end federal marijuana prohibition by descheduling, while also establishing a regulatory framework akin to that of alcohol.
The CAOA is backed by Senate Majority Leader Chuck Schumer. It’s likely if Democrats control congress, they will work out a compromise between the CAOA and MORE Act in an attempt to get a bill to President Harris, who has supported legalizing marijuana nationwide since 2019.
The Secure and Fair Enforcement (SAFE) Banking Act and the the Secure and Fair Enforcement Regulation (SAFER) Banking Act:
The SAFE Banking Act, with 128 sponsors, enjoys significant bipartisan support and addresses a critical issue in the marijuana industry: access to banking services. Due to marijuana’s federal illegality, many banks are reluctant to work with cannabis businesses, forcing them to operate primarily in cash, which poses security risks and financial challenges. The SAFE Banking Act would protect financial institutions that provide services to state-legal marijuana businesses, enabling these businesses to access traditional banking services, loans, and credit, thereby improving safety and fostering industry growth.
The SAFER Banking Act in the Senate has 37 sponsors, and includes updated and more comprehensive language. In September it passed the Senate Banking Committee, with Senate Leader Chuck Schumer vowing for months to put the proposal to a vote of the full Senate.
The Harnessing Opportunities by Pursuing Expungement (HOPE) Act:
Filed in the House of Representatives with bipartisan support in April 2023, the HOPE Act recently saw a companion bill introduced in the Senate by Senator Jackie Rosen (D-NV). The legislation would authorize the Department of Justice (DOJ) to grant funds to states and local governments to alleviate the financial and administrative burdens of expunging state cannabis offenses. It also mandates the DOJ to study the impacts of criminal records for cannabis-related offenses and the costs of incarcerating individuals for such offenses. Senate Leader Chuck Schumer has expressed his intent to incorporate the HOPE Act’s provisions into the SAFER Banking Act, confident that it has sufficient support for passage into law.
If Democrats take control of congress, it’s likely they’ll pass the HOPE Act as a companion measure to the More Act and/or the CAOA, which allow for expungements but don’t facilitate grants to do so.
The Marijuana in Federally Assisted Housing Parity Act:
The bicameral Marijuana in Federally Assisted Housing Parity Act was filed earlier this year in the House and Senate with support from several prominent Democrats including Senator Cory Booker and Congressmember Barbara Lee. The measure would allow the use of marijuana in federally assisted housing, including public housing and Section 8 housing, if the consumer is in compliance with state or federal marijuana laws.
The Cannabis Users’ Restoration of Eligibility (CURE) Act
The Cannabis Users’ Restoration of Eligibility (CURE) Act would prohibit federal agencies from considering past or present marijuana use when determining whether an individual is suitable for federal employment or eligible for a security clearance. It also establishes a review process for past applications. The measure has 12 sponsors, and would likely be considered by many Democrats as a companion bill to more comprehensive reform like the MORE Act.
The Realizing Equitable & Sustainable Participation in Emerging Cannabis Trades (RESPECT) Resolution
The RESPECT Resolution urges “action to increase equity within cannabis policy and the legal cannabis marketplace”. The measure was filed in January with seven cosponsors, all Democrat.
In a press release announcing the resolution Congressmember Lee said the proposal “aims to elevate the importance of equity within the legal cannabis marketplace, address disparities and proactively address and repair the most egregious effects of the War on Drugs on communities of color”.
