Buzz
Progressive policy experts label it as one of the clearest political victories in recent years, with uncommon bipartisan backing amid today's deeply polarized political environment. It promises to reduce incarceration rates among minority communities and challenge the power of the prison-industrial complex.
So, why hasn't cannabis been legalized or, at the very least, decriminalized on the federal level yet?
In December, Congress will confront this issue when it votes on the Marijuana Opportunity Reinvestment and Expungement Act of 2019, also known as the MORE Act. If it passes, this decriminalization bill would introduce broad changes to cannabis policy and signal a shift in the U.S. government's long-standing war on drugs.
What is the MORE Act?
The Marijuana Opportunity Reinvestment and Expungement Act of 2019, introduced by former Senator and Vice President-elect Kamala Harris, is a legislative proposal that seeks to decriminalize cannabis by removing it from the federal list of controlled substances.
This bill aims to enact a series of reforms that could pave the way for a broad reworking of outdated laws surrounding criminal sentencing, tax collection on cannabis sales, and its wider economic impact.
Here’s a quick overview of the MORE Act's key objectives:
End federal criminal penalties for cannabis by creating a process to clear convictions and review federal cannabis-related sentences.
Implement a 5% federal tax on cannabis sales, with the revenue going to a trust fund for programs that support communities affected by the war on drugs.
Enable cannabis businesses to access Small Business Administration loans.
Prevent the denial of federal benefits based on certain cannabis-related offenses or convictions.
Ensure immigrants are not denied federal benefits due to cannabis-related offenses.
Understanding the Difference Between Decriminalization and Legalization
While supporters of cannabis policy reform are enthusiastic about the potential economic and social benefits of the MORE Act, it's essential to understand the key differences between decriminalization and full legalization.
As the Center for American Progress explains:
Decriminalization refers to reducing or eliminating criminal penalties for possessing small amounts of marijuana, though fines or citations may still apply. For instance, in New York, possessing a small amount of marijuana for personal use won’t result in an arrest, but consuming it in public remains prohibited.
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Generally, larger quantities and trafficking of marijuana continue to be criminal offenses under this approach. Many localities have adopted decriminalization to focus on more serious crimes and reduce justice system costs.
How might decriminalization impact the criminal justice system?
Since 1970, cannabis has been designated as a Schedule 1 drug under the Controlled Substances Act, putting it in the same legal category as substances like cocaine, heroin, and methamphetamine. This classification has played a significant role in the skyrocketing incarceration rates in the U.S., especially among Black and Latino men.
The Marijuana Policy Project offers a concise overview of how cannabis’s illegal status has contributed to the mass incarceration problem in the U.S.:
FBI data reveals that 90% of over 600,000 cannabis arrests each year are for possession, making cannabis responsible for nearly half of all drug possession arrests nationwide. These numbers reflect decades of oppressive law enforcement, with African American and Latinx youth being disproportionately targeted for harassment and intimidation.
Further studies emphasize how even the mere possession of cannabis has been a key factor in the unprecedented rise of the U.S. prison population, which now exceeds 2.3 million. According to the Prison Policy Institute, a thorough review of drug arrest records by the ACLU found that cannabis arrests now represent half of all drug arrests across the country.
The study also uncovered that the heavy policing of cannabis possession is fraught with racial biases:
Between 2001 and 2010, 8.2 million marijuana arrests were made, with 88% of them simply for possession. The data showed a consistent pattern across the nation: racial disparities. Despite similar usage rates, Black individuals are 3.73 times more likely to be arrested for marijuana compared to white individuals.
The financial advantages
For states facing budget shortfalls, especially with the ongoing economic strain from the COVID-19 pandemic, the decriminalization and legalization of marijuana present huge economic opportunities. Although it remains too soon to assess the full financial impact of legalized marijuana in various states, states like Washington and Colorado that have already legalized cannabis provide valuable lessons as the issue grows in national prominence.
According to the non-profit Tax Foundation, both of these states are early examples that should capture the attention of any governor seeking economic recovery:
In both Colorado and Washington, marijuana tax revenues have surpassed initial projections. A nationwide legalization and taxation system could enable states to generate billions of dollars in tax revenue annually.
The cannabis sector is also a significant generator of employment. In 2018, the industry experienced substantial job growth, with the industry group Leafly reporting employment numbers around 211,000 and total national sales nearing $11 billion by the end of the year.
Is the MORE Act likely to pass?
It’s uncertain. In an era of deep divisions within Congress and across the United States, the MORE Act may gain some Republican backing, but securing the necessary votes to pass in the Republican-dominated Senate could prove challenging. When the bill was first introduced in the House in September, after delays in the Senate due to negotiations over a pandemic relief package, it already had support from Republican Representatives Matt Gaetz and Tom McClintock.
To sum up, full legalization is still a long way off, but the successful passage of the MORE Act would be a major step forward. It will be fascinating to watch how the vote unfolds in December.
