We Must Pass Bipartisan COVID Relief (Cong. Rec., Dec. 4, 2020)
Summary
A page of the Congressional Record, House, dated December 4, 2020, at page H6819, under the heading We Must Pass Bipartisan COVID Relief. Ms. Kuster of New Hampshire speaks on the urgent need for bipartisan COVID-19 relief, citing record case levels in her State and welcoming a bipartisan framework from Democrats and Republicans in the House and Senate. The page also prints the text of H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act of 2020, or the MORE Act of 2020, with findings including legal cannabis sales of $9.5 billion in 2017, projected to reach $23 billion by 2022, and a requirement that the Attorney General finalize a rule removing marijuana from the schedules of controlled substances within 180 days.
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“We Must Pass Bipartisan COVID Relief (Cong. Rec., Dec. 4, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-04-crec-2020-12-04-pt1-pgh6819-a5e9907782/
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December 4, 2020 CONGRESSIONAL RECORD — HOUSE H6819
WE MUST PASS BIPARTISAN SECTION 1. SHORT TITLE. schedules of controlled substances. For the pur-
COVID RELIEF This Act may be cited as the ‘‘Marijuana Op- poses of the Controlled Substances Act, mari-
portunity Reinvestment and Expungement Act huana and tetrahydrocannabinols shall each be
(Ms. KUSTER of New Hampshire of 2020’’ or the ‘‘MORE Act of 2020’’. deemed to be a drug or other substance that
asked and was given permission to ad- SEC. 2. FINDINGS. does not meet the requirements for inclusion in
dress the House for 1 minute.) The Congress finds as follows: any schedule. A rulemaking under this para-
Ms. KUSTER of New Hampshire. Mr. (1) The communities that have been most graph shall be considered to have taken effect
Speaker, I rise to speak of the urgent harmed by cannabis prohibition are benefiting as of the date of enactment of this Act for pur-
need to pass bipartisan COVID–19 relief the least from the legal marijuana marketplace. poses of any offense committed, case pending,
(2) A legacy of racial and ethnic injustices, conviction entered, and, in the case of a juve-
legislation as Congress works to con-
compounded by the disproportionate collateral nile, any offense committed, case pending, and
clude our work this year. adjudication of juvenile delinquency entered be-
consequences of 80 years of cannabis prohibition
Families, businesses, and workers in enforcement, now limits participation in the in- fore, on, or after the date of enactment of this
New Hampshire are feeling the contin- dustry. Act.
ued pain and impact of this pandemic (3) 36 States, the District of Columbia, Puerto (b) CONFORMING AMENDMENTS TO CON-
as cases reach record highs in my State Rico, and Guam have adopted laws allowing TROLLED SUBSTANCES ACT.—The Controlled
and hospitals and frontline health legal access to cannabis, and 15 States, the Dis- Substances Act (21 U.S.C. 801 et seq.) is amend-
workers brace for the expected surge. trict of Columbia, and the Commonwealth of the ed—
Northern Mariana Islands have adopted laws (1) in section 102(44) (21 U.S.C. 802(44)), by
This week, I was pleased to see striking ‘‘marihuana,’’;
legalizing cannabis for adult recreational use.
Democrats and Republicans in the (2) in section 401(b) (21 U.S.C. 841(b))—
(4) A total of 47 States have reformed their
House and the Senate come together to laws pertaining to cannabis despite the Sched- (A) in paragraph (1)—
find common ground and release a ule I status of marijuana and its Federal crim- (i) in subparagraph (A)—
promising framework that we should inalization. (I) in clause (vi), by inserting ‘‘or’’ after the
consider immediately. This legislation (5) Legal cannabis sales totaled $9.5 billion in semicolon;
would bolster our public health and 2017 and are projected to reach $23 billion by (II) by striking clause (vii); and
2022. (III) by redesignating clause (viii) as clause
economic response to COVID–19 to help (vii);
us get through the long, cold, dark (6) According to the American Civil Liberties
Union (ACLU), enforcing cannabis prohibition (ii) in subparagraph (B)—
winter ahead. (I) in clause (vi), by inserting ‘‘or’’ after the
laws costs taxpayers approximately $3.6 billion a
Democrats and Republicans won’t get year. semicolon;
everything they want, but we need to (7) The continued enforcement of cannabis (II) by striking clause (vii); and
come together and put politics aside. prohibition laws results in over 600,000 arrests (III) by redesignating clause (viii) as clause
This legislation includes new funding annually, disproportionately impacting people (vii);
(iii) in subparagraph (C), in the first sentence,
for the Paycheck Protection Program of color who are almost 4 times more likely to be
by striking ‘‘subparagraphs (A), (B), and (D)’’
for small businesses, State and local arrested for cannabis possession than their
and inserting ‘‘subparagraphs (A) and (B)’’;
funding for our first responders, ex- White counterparts, despite equal rates of use
(iv) by striking subparagraph (D);
across populations.
tended unemployment, and critical (8) People of color have been historically tar-
(v) by redesignating subparagraph (E) as sub-
funding to help with the distribution of paragraph (D); and
geted by discriminatory sentencing practices re-
the promising COVID–19 vaccine, as (vi) in subparagraph (D)(i), as so redesig-
sulting in Black men receiving drug sentences
well as $5 billion in funding to combat nated, by striking ‘‘subparagraphs (C) and (D)’’
that are 13.1 percent longer than sentences im-
and inserting ‘‘subparagraph (C)’’;
the opioid epidemic, which, tragically, posed for White men and Latinos being nearly
(B) by striking paragraph (4); and
continues to rage. 6.5 times more likely to receive a Federal sen- (C) by redesignating paragraphs (5), (6), and
It is time to come together and get tence for cannabis possession than non-His- (7) as paragraphs (4), (5), and (6), respectively;
the job done. panic Whites. (3) in section 402(c)(2)(B) (21 U.S.C.
(9) In 2013, simple cannabis possession was the 842(c)(2)(B)), by striking ‘‘, marihuana,’’;
f fourth most common cause of deportation for (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by
any offense and the most common cause of de- striking ‘‘, marihuana,’’;
b 0915 portation for drug law violations. (5) in section 418(a) (21 U.S.C. 859(a)), by
(10) Fewer than one-fifth of cannabis business striking the last sentence;
MARIJUANA OPPORTUNITY REIN- owners identify as minorities and only approxi- (6) in section 419(a) (21 U.S.C. 860(a)), by
VESTMENT AND EXPUNGEMENT mately 4 percent are black. striking the last sentence;
ACT OF 2019 (11) Applicants for cannabis licenses are lim- (7) in section 422(d) (21 U.S.C. 863(d))—
ited by numerous laws, regulations, and exorbi- (A) in the matter preceding paragraph (1), by
Ms. JACKSON LEE. Mr. Speaker, tant permit applications, licensing fees, and striking ‘‘marijuana,’’; and
pursuant to House Resolution 1244, I costs in these States, which can require more (B) in paragraph (5), by striking ‘‘, such as a
call up the bill (H.R. 3884) to decrimi- than $700,000. marihuana cigarette,’’; and
nalize and deschedule cannabis, to pro- (12) Historically disproportionate arrest and (8) in section 516(d) (21 U.S.C. 886(d)), by
vide for reinvestment in certain per- conviction rates make it particularly difficult striking ‘‘section 401(b)(6)’’ each place the term
sons adversely impacted by the War on for people of color to enter the legal cannabis appears and inserting ‘‘section 401(b)(5)’’.
Drugs, to provide for expungement of marketplace, as most States bar these individ- (c) OTHER CONFORMING AMENDMENTS.—
uals from participating. (1) NATIONAL FOREST SYSTEM DRUG CONTROL
certain cannabis offenses, and for other (13) Federal law severely limits access to loans ACT OF 1986.—The National Forest System Drug
purposes, and ask for its immediate and capital for cannabis businesses, dispropor- Control Act of 1986 (16 U.S.C. 559b et seq.) is
consideration. tionately impacting minority small business amended—
The Clerk read the title of the bill. owners. (A) in section 15002(a) (16 U.S.C. 559b(a)) by
The SPEAKER pro tempore (Mr. (14) Some States and municipalities have striking ‘‘marijuana and other’’;
CUELLAR). Pursuant to House Resolu- taken proactive steps to mitigate inequalities in (B) in section 15003(2) (16 U.S.C. 559c(2)) by
tion 1244, in lieu of the amendment in the legal cannabis marketplace and ensure striking ‘‘marijuana and other’’; and
equal participation in the industry. (C) in section 15004(2) (16 U.S.C. 559d(2)) by
the nature of a substitute rec-
SEC. 3. DECRIMINALIZATION OF CANNABIS. striking ‘‘marijuana and other’’.
ommended by the Committee on the
(a) CANNABIS REMOVED FROM SCHEDULE OF (2) INTERCEPTION OF COMMUNICATIONS.—Sec-
Judiciary printed in the bill, an amend-
CONTROLLED SUBSTANCES.— tion 2516 of title 18, United States Code, is
ment in the nature of a substitute con- (1) REMOVAL IN STATUTE.—Subsection (c) of amended—
sisting of the text of Rules Committee schedule I of section 202(c) of the Controlled (A) in subsection (1)(e), by striking ‘‘mari-
Print 116–67, modified by the amend- Substances Act (21 U.S.C. 812) is amended— huana,’’; and
ment printed in House Report 116–607, (A) by striking ‘‘(10) Marihuana.’’; and (B) in subsection (2) by striking ‘‘mari-
is adopted, and the bill, as amended, is (B) by striking ‘‘(17) Tetrahydrocannabinols, huana’’.
considered read. except for tetrahydrocannabinols in hemp (as (3) FMCSA PROVISIONS.—
dlhill on DSK120RN23PROD with HOUSE
The text of the bill, as amended, is as defined in section 297A of the Agricultural Mar- (A) CONFORMING AMENDMENT.—Section
keting Act of 1946).’’. 31301(5) of title 49, United States Code, is
follows:
(2) REMOVAL FROM SCHEDULE.—Not later than amended by striking ‘‘section 31306,’’ and insert-
H. R. 3884 180 days after the date of the enactment of this ing ‘‘sections 31306, 31306a, and subsections (b)
Be it enacted by the Senate and House of Act, the Attorney General shall finalize a rule- and (c) of section 31310,’’.
Representatives of the United States of America making under section 201(a)(2) removing mari- (B) DEFINITION.—Section 31306(a) of title 49,
in Congress assembled, huana and tetrahydrocannabinols from the United States Code, is amended—
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