On Friday, April 1, the House of Representatives voted 220 to 204 to pass a bill which would legalize marijuana on a federal level in the United States. This is the second time in two years the House has passed a bill relating to legalization, but the first did not clear the Senate. The bill, titled the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, would change marijuana from a Schedule I substance to a Schedule III, removing it from the list of federally banned drugs.
According to the United States Drug Enforcement Administration’s (DEA) website, Schedule I substances are defined as, “drugs with no currently accepted medical use and a high potential for abuse,” while Schedule III substances are “drugs with a moderate to low potential for physical and psychological dependence.” Schedule III substances are also accepted for medical use and are given public access.
Although cannabis is legal for medical use in 37 states and for both medical and recreational in 18 states (with Arizona as one of them), cannabis use is still illegal under federal law. Under the MORE Act, nonviolent criminal penalties related to marijuana will be expunged, a federal tax will be imposed on the sale of cannabis, and federal public benefits to business who deal in cannabis will be granted.
According to PewRearch.org, police officers make more arrests related to marijuana than any other drug, making up 40% of 1.65 million drug arrests in 2018. It is also of note that minorities have disproportionally high arrest rates relating to the drug, with black people being 3.64 times more likely to be arrested for marijuana possession despite usage being comparable to white people, according to a report done by the American Civil Liberties Union. The restriction has also impeded research on the use and effects of cannabis.
The federal tax imposed upon marijuana sales will fund programs to help communities that have been negatively affected by the criminalization of marijuana and the War of Drugs as a whole. “The Community Reinvestment Grant Program […] shall provide eligible entities with funds to administer substance use treatment services for individuals most adversely impacted by the War on Drugs,” the bill states.
In another study done by Pew Research Center, 91% of Americans believe marijuana should be legal, with 60% in favor of both medical and recreational and 31% supporting medical use only.
Although this bill will legalize marijuana on a federal level, it will allow states to make their own laws related to the drug, much like alcohol and tobacco.
Prospects for passing such a bill in the Senate appear to be low because Democrats would need all of their members and 10 Republicans to overcome a 60-vote hurdle needed to advance to a final vote, but Republicans in the Senate will be a hard sell.