MORE Act
- Bill Number
- H.R. 5068
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-01-13: Referred to the Subcommittee on Conservation, Research, and Biotechnology.
- Last Updated
- 2026-06-10T08:08:14Z
AI-Generated Summary
Purpose
The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) aims to decriminalize cannabis at the federal level by removing it from the list of controlled substances, address racial and economic injustices from past prohibition enforcement (known as the "War on Drugs"), create reinvestment programs for affected communities, and provide for the expungement of certain cannabis-related convictions. It seeks to regulate cannabis through taxation while promoting equity in the emerging legal industry.
Key Provisions
- Decriminalization and Descheduling: Cannabis (marijuana) and its key compound, tetrahydrocannabinol (THC), are removed from Schedule I of the Controlled Substances Act (CSA), making federal possession, use, and related activities no longer criminal offenses. This includes retroactive application to past offenses.
- Taxation and Opportunity Trust Fund: Imposes a federal tax on cannabis products starting at 5% of the sale price for the first two years after enactment, rising to 8% by year five, then shifting to rates based on market prices (e.g., per ounce or gram of THC). Revenues fund the Opportunity Trust Fund, which allocates:
- 50% to community reinvestment grants for services like job training, reentry support, legal aid, and health education for those harmed by drug prohibition.
- 10% to expungement efforts.
- 20% each to small business loans and equitable licensing programs for disadvantaged individuals and communities.
- Reinvestment Programs:
- Establishes a Cannabis Justice Office within the Department of Justice to oversee grants for communities impacted by the War on Drugs.
- Creates the Cannabis Restorative Opportunity Program (via Small Business Administration) for loans and technical assistance to cannabis businesses owned by socially/economically disadvantaged people.
- Launches the Equitable Licensing Grant Program to help states/localities reduce barriers (e.g., fee waivers, no denial based on old cannabis convictions) for licensing in the cannabis industry.
- Expungement and Sentencing Relief: Requires federal courts to automatically expunge non-violent federal cannabis convictions and related arrests from 1971 onward. Individuals under criminal sentences (e.g., probation, prison) can petition for resentencing as if the offense were never illegal. Sealed records cannot be used against individuals, and they face no penalties for not disclosing expunged records.
- Access to Federal Programs: Prohibits denial of Small Business Administration (SBA) services (e.g., loans, counseling) to cannabis-related legitimate businesses or service providers (e.g., accountants, transporters). Bans discrimination for federal public benefits (e.g., welfare, housing) based on cannabis use or convictions. Removes cannabis offenses as grounds for immigration penalties, deportations, or ineligibility for visas/green cards.
- Data Collection and Studies: Mandates the Bureau of Labor Statistics to track demographics (e.g., race, gender, income) of cannabis industry workers/owners. Requires studies on societal impacts (e.g., workplace safety, schools, traffic), impairment testing for drivers, and industry characteristics.
- Other Measures: Replaces "marihuana" or "marijuana" with "cannabis" in federal laws. Allows continued federal employee drug testing and transportation safety regulations for cannabis. Requires public meetings on cannabis product safety and FDA oversight.
Significant Changes to Existing Law
- Controlled Substances Act (CSA): Removes cannabis from all schedules, eliminating federal criminal penalties for possession, cultivation, or distribution (except for FDA-approved products or industrial hemp, defined as cannabis with ≤0.3% THC). Retroactively applies to pre-enactment cases, convictions, and juvenile adjudications.
- Tax Code: Adds a new Chapter 56 for cannabis excise taxes, occupational taxes ($1,000/year per business premises), and bonding/permit requirements for producers/importers, similar to alcohol/tobacco regulations.
- Immigration and Nationality Act: Strikes exceptions for minor cannabis possession (e.g., ≤30 grams), ensuring no immigration consequences for any cannabis-related events.
- Small Business Act: Expands eligibility for SBA loans, grants, and counseling to cannabis businesses, overriding prior restrictions due to federal illegality.
- Omnibus Crime Control and Safe Streets Act: Adds a new Cannabis Justice Office and grant programs funded by cannabis taxes.
- No Impact on State Laws: Does not override state cannabis regulations but aligns federal policy with the 38+ states that have legalized medical or recreational use.
Potential Impacts
- Government Agencies: The Department of Justice (DOJ) and courts will handle expungements and grants, potentially reducing enforcement costs (estimated at $3.6 billion/year previously). The Small Business Administration (SBA) gains new programs but must adapt to serve cannabis businesses. Treasury/IRS will administer taxes and the Trust Fund, projecting billions in revenue (e.g., legal sales hit $20 billion in 2020). Health agencies (e.g., FDA, HHS) retain authority over cannabis-derived drugs and safety standards. Transportation departments continue impairment testing for safety-sensitive jobs.
- Citizens: Reduces federal arrests (over 200,000/year, disproportionately affecting people of color) and barriers to jobs, housing, and benefits. Expungement could affect millions with past convictions, aiding reentry and economic mobility. Tax revenues fund community services, targeting inequities (e.g., Black individuals 4x more likely to be arrested despite equal usage rates).
- International Relations: Minimal direct impact, but descheduling could ease U.S. tensions in global drug policy forums (e.g., UN conventions) and reduce deportation-based strains on bilateral ties. No changes to export/import bans on cannabis except for taxed, permitted trade.
Main Stakeholders Affected
- Communities of Color and Low-Income Groups: Primary beneficiaries through reinvestment grants, expungement, and equitable licensing to address historical targeting (e.g., longer sentences for Black men, deportation risks).
- Former Offenders and Families: Gain relief from convictions, improved access to immigration benefits, and no denial of public assistance.
- Cannabis Businesses and Workers: Small businesses (especially minority-owned, currently <20% of owners) access SBA support; industry faces new taxes but federal legitimacy boosts growth (projected $40.5 billion sales by 2025).
- States and Localities: Eligible for grants to reform licensing; must align with federal changes but retain control over their markets.
- Federal Agencies: DOJ, SBA, IRS, and HHS implement programs, studies, and regulations.
- General Public: Potential societal shifts, including reduced enforcement costs and studies on health/safety effects (e.g., traffic impairment, youth access).
Notable Legal, Constitutional, or Political Implications
- Legal: Retroactive expungement and resentencing raise due process questions but include safeguards (e.g., hearings, counsel for indigent). Taxation mirrors alcohol/tobacco models, potentially facing challenges on interstate commerce. Preserves FDA authority over medical cannabis, avoiding conflicts with public health laws.
- Constitutional: Addresses equal protection concerns from disproportionate enforcement on minorities, aligning with 14th Amendment equity principles. Severability clause ensures partial invalidation does not derail the Act. No direct free exercise or privacy issues, but immigration changes could reduce family separations.
- Political: Represents a major shift in federal drug policy, building on state legalizations (47 states reformed laws despite federal bans). Promotes bipartisanship on criminal justice reform but may spark debates on youth safety, impaired driving, and revenue allocation. Requires rulemaking within 1 year, with congressional oversight to prevent overreach.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Nadler, Jerrold [D-NY-12]
Cosponsors (73)
Rep. Titus, Dina [D-NV-1], Rep. Omar, Ilhan [D-MN-5], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Lieu, Ted [D-CA-36], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Cohen, Steve [D-TN-9], Rep. McGarvey, Morgan [D-KY-3], Rep. Correa, J. Luis [D-CA-46], Rep. Thanedar, Shri [D-MI-13], Rep. Balint, Becca [D-VT-At Large], Rep. Pingree, Chellie [D-ME-1], Rep. Tonko, Paul [D-NY-20], Rep. Carbajal, Salud O. [D-CA-24], Rep. Smith, Adam [D-WA-9], Rep. Doggett, Lloyd [D-TX-37], Rep. Jayapal, Pramila [D-WA-7], Rep. Tlaib, Rashida [D-MI-12], Rep. Cleaver, Emanuel [D-MO-5], Rep. Wilson, Frederica S. [D-FL-24], Rep. Brownley, Julia [D-CA-26], Rep. DeGette, Diana [D-CO-1], Rep. Huffman, Jared [D-CA-2], Rep. Williams, Nikema [D-GA-5], Rep. Frost, Maxwell [D-FL-10], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Espaillat, Adriano [D-NY-13], Rep. Kelly, Robin L. [D-IL-2], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Pocan, Mark [D-WI-2], Rep. Carter, Troy A. [D-LA-2], Rep. DelBene, Suzan K. [D-WA-1], Rep. Sherman, Brad [D-CA-32], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Scott, David [D-GA-13], Rep. Crockett, Jasmine [D-TX-30], Rep. Casar, Greg [D-TX-35], Rep. Khanna, Ro [D-CA-17], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Mrvan, Frank J. [D-IN-1], Rep. Castor, Kathy [D-FL-14], Rep. Raskin, Jamie [D-MD-8], Rep. Simon, Lateefah [D-CA-12], Rep. Crow, Jason [D-CO-6], Rep. Pressley, Ayanna [D-MA-7], Rep. Foster, Bill [D-IL-11], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Hayes, Jahana [D-CT-5], Rep. McCollum, Betty [D-MN-4], Rep. Garcia, Robert [D-CA-42] and 23 more
Recent Actions
- 2026-01-13: Referred to the Subcommittee on Conservation, Research, and Biotechnology.
- 2026-01-13: Referred to the Subcommittee on Forestry and Horticulture.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Workforce, Ways and Means, Small Business, Natural Resources, Oversight and Government Reform, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-29: Introduced in House
- 2025-08-29: Introduced in House
Bill Versions
- Marijuana Opportunity Reinvestment and Expungement Act — issued 2025-08-29 — PDF (92 pages)