I 

116TH CONGRESS 

1ST SESSION H. R. 1456 

To amend the Controlled Substances Act to provide for a new rule regarding 

the application of the Act to marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2019 

Ms. LEE of California (for herself, Mr. BLUMENAUER, Mr. KHANNA, Ms. 

NORTON, Mr. RUSH, Ms. SCHAKOWSKY, Mr. THOMPSON of Mississippi, 

Ms. TLAIB, Mrs. WATSON COLEMAN, Mr. PERLMUTTER, Ms. OCASIOCORTEZ, Ms. JOHNSON of Texas, Mr. DANNY K. DAVIS of Illinois, Mr. 

GREEN of Texas, Ms. PRESSLEY, Mr. COHEN, Mr. HUFFMAN, Mr. 

CORREA, Ms. JAYAPAL, Mr. GRIJALVA, Mr. LOWENTHAL, Mr. HASTINGS, 

Mr. RICHMOND, Mr. CLYBURN, Mr. BUTTERFIELD, Mr. JOHNSON of 

Georgia, Ms. WILSON of Florida, Ms. JACKSON LEE, Ms. CLARKE of New 

York, Ms. ADAMS, and Ms. FUDGE) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Energy and Commerce, Agriculture, Natural Resources, 

and Financial Services, 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 

A BILL 

To amend the Controlled Substances Act to provide for a 

new rule regarding the application of the Act to marihuana, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1456 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Marijuana Justice Act 

3 of 2019’’. 

4 SEC. 2. DE-SCHEDULING MARIHUANA. 

5 (a) MARIJUANA REMOVED FROM SCHEDULE OF

6 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 

7 I of section 202(c) of the Controlled Substances Act (21 

8 U.S.C. 812) is amended— 

9 (1) by striking ‘‘marihuana’’; and 

10 (2) by striking ‘‘tetrahydrocannabinols’’. 

11 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX12 PORT.—Section 1010(b) of the Controlled Substances Im13 port and Export Act (21 U.S.C. 960) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (F), by inserting ‘‘or’’ 

16 after the semicolon; 

17 (B) by striking subparagraph (G); and 

18 (C) by redesignating subparagraph (H) as 

19 subparagraph (G); 

20 (2) in paragraph (2)— 

21 (A) in subparagraph (F), by inserting ‘‘or’’ 

22 after the semicolon; 

23 (B) by striking subparagraph (G); and 

24 (C) by redesignating subparagraph (H) as 

25 subparagraph (G); 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1456 IH

1 (3) in paragraph (3), by striking ‘‘paragraphs 

2 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 

3 (2)’’; 

4 (4) by striking paragraph (4); and 

5 (5) by redesignating paragraphs (5), (6), and 

6 (7) as paragraphs (4), (5), and (6), respectively. 

7 (c) CONFORMING AMENDMENTS TO CONTROLLED

8 SUBSTANCES ACT.—The Controlled Substances Act (21 

9 U.S.C. 801 et seq.) is amended— 

10 (1) in section 102(44) (21 U.S.C. 802(44)), by 

11 striking ‘‘marihuana,’’; 

12 (2) in section 401(b) (21 U.S.C. 841(b))— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (vi), by inserting 

16 ‘‘or’’ after the semicolon; 

17 (II) by striking (vii); and 

18 (III) by redesignating clause 

19 (viii) as clause (vii); 

20 (ii) in subparagraph (B)— 

21 (I) by striking clause (vii); and 

22 (II) by redesignating clause (viii) 

23 as clause (vii); 

24 (iii) in subparagraph (C), in the first 

25 sentence, by striking ‘‘subparagraphs (A), 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 1456 IH

1 (B), and (D)’’ and inserting ‘‘subpara2 graphs (A) and (B)’’; 

3 (iv) by striking subparagraph (D); 

4 (v) by redesignating subparagraph (E) 

5 as subparagraph (D); and 

6 (vi) in subparagraph (D)(i), as so re7 designated, by striking ‘‘subparagraphs (C) 

8 and (D)’’ and inserting ‘‘subparagraph 

9 (C)’’; 

10 (B) by striking paragraph (4); and 

11 (C) by redesignating paragraphs (5), (6), 

12 and (7) as paragraphs (4), (5), and (6), respec13 tively; 

14 (3) in section 402(c)(2)(B) (21 U.S.C. 

15 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

16 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 

17 by striking ‘‘, marihuana,’’; 

18 (5) in section 418(a) (21 U.S.C. 859(a)), by 

19 striking the last sentence; 

20 (6) in section 419(a) (21 U.S.C. 860(a)), by 

21 striking the last sentence; 

22 (7) in section 422(d) (21 U.S.C. 863(d))— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘marijuana,’’; and 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 1456 IH

1 (B) in paragraph (5), by striking ‘‘, such 

2 as a marihuana cigarette,’’; and 

3 (8) in section 516(d) (21 U.S.C. 886(d)), by 

4 striking ‘‘section 401(b)(6)’’ each place the term ap5 pears and inserting ‘‘section 401(b)(5)’’. 

6 (d) OTHER CONFORMING AMENDMENTS.— 

7 (1) NATIONAL FOREST SYSTEM DRUG CONTROL

8 ACT OF 1986.—The National Forest System Drug 

9 Control Act of 1986 (16 U.S.C. 559b et seq.) is 

10 amended— 

11 (A) in section 15002(a) (16 U.S.C. 

12 559b(a)) by striking ‘‘marijuana and other’’; 

13 (B) in section 15003(2) (16 U.S.C. 

14 559c(2)) by striking ‘‘marijuana and other’’; 

15 and 

16 (C) in section 15004(2) (16 U.S.C. 

17 559d(2)) by striking ‘‘marijuana and other’’. 

18 (2) INTERCEPTION OF COMMUNICATIONS.—Sec19 tion 2516 of title 18, United States Code, is amend20 ed— 

21 (A) in subsection (1)(e), by striking ‘‘mari22 huana,’’; and 

23 (B) in subsection (2) by striking ‘‘mari24 huana,’’. 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 1456 IH

1 SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS. 

2 (a) DEFINITIONS.—In this section— 

3 (1) the term ‘‘covered State’’ means a State 

4 that has not enacted a statute legalizing marijuana 

5 in the State; 

6 (2) the term ‘‘disproportionate arrest rate’’ 

7 means— 

8 (A) the percentage of minority individuals 

9 arrested for a marijuana related offense in a 

10 State is higher than the percentage of the non11 minority individual population of the State, as 

12 determined by the most recent census data; or 

13 (B) the percentage of low-income individ14 uals arrested for a marijuana offense in a State 

15 is higher than the percentage of the population 

16 of the State that are not low-income individ17 uals, as determined by the most recent census 

18 data; 

19 (3) the term ‘‘disproportionate incarceration 

20 rate’’ means the percentage of minority individuals 

21 incarcerated for a marijuana related offense in a 

22 State is higher than the percentage of the non-mi23 nority individual population of the State, as deter24 mined by the most recent census data; 

25 (4) the term ‘‘low-income individual’’ means an 

26 individual whose taxable income (as defined in secVerDate Sep 11 2014 04:09 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1456.IH H1456

kjohnson on DSK79L0C42 with BILLS
7 

•HR 1456 IH

1 tion 63 of the Internal Revenue Code of 1986) is 

2 equal to or below the maximum dollar amount for 

3 the 15 percent rate bracket applicable to the indi4 vidual under section 1 of the Internal Revenue Code 

5 of 1986; 

6 (5) the term ‘‘marijuana’’ has the meaning 

7 given the term ‘‘marihuana’’ in section 102 of the 

8 Controlled Substances Act (21 U.S.C. 802); and 

9 (6) the term ‘‘minority individual’’ means an in10 dividual who is a member of a racial or ethnic mi11 nority group. 

12 (b) INELIGIBILITY FOR CERTAIN FUNDS.— 

13 (1) IN GENERAL.—For any fiscal year begin14 ning after the date of enactment of this Act in which 

15 the Attorney General, acting through the Director of 

16 the Bureau of Justice Assistance, determines that a 

17 covered State has a disproportionate arrest rate or 

18 a disproportionate incarceration rate for marijuana 

19 offenses, the covered State— 

20 (A) shall not be eligible to receive any Fed21 eral funds for the construction or staffing of a 

22 prison or jail; and 

23 (B) shall be subject to not more than a 10- 

24 percent reduction of the funds that would oth25 erwise be allocated for that fiscal year to the 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 1456 IH

1 covered State under subpart 1 of part E of title 

2 I of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (42 U.S.C. 3750 et seq.), 

4 whether characterized as the Edward Byrne 

5 Memorial State and Local Law Enforcement 

6 Assistance Programs, the Local Government 

7 Law Enforcement Block Grants Program, the 

8 Edward Byrne Memorial Justice Assistance 

9 Grant Program, or otherwise. 

10 (2) FUNDS FOR CERTAIN PROGRAMMING.—For 

11 purposes of paragraph (1)(A), Federal funds for the 

12 construction or staffing of a prison or jail shall not 

13 include Federal funds used by a prison or jail to 

14 carry out recidivism reduction programming or drug 

15 addiction treatment. 

16 (3) REALLOCATION.—Any amounts not award17 ed to a covered State because of a determination 

18 under paragraph (1) shall be deposited in the Com19 munity Reinvestment Fund established under section 

20 4. 

21 (c) EXPUNGEMENT OF MARIJUANA OFFENSE CON22 VICTIONS.—Each Federal court shall issue an order 

23 expunging each conviction for a marijuana use or posses24 sion offense entered by the court before the date of enact25 ment of this Act. 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 1456 IH

1 (d) SENTENCING REVIEW.— 

2 (1) IN GENERAL.—For any individual who was 

3 sentenced to a term of imprisonment for a Federal 

4 criminal offense involving marijuana before the date 

5 of enactment of this Act and is still serving such 

6 term of imprisonment, the court that imposed the 

7 sentence, shall, on motion of the individual, the Di8 rector of the Bureau of Prisons, the attorney for the 

9 Government, or the court, conduct a sentencing 

10 hearing. 

11 (2) POTENTIAL REDUCED RESENTENCING.— 

12 After a sentencing hearing under paragraph (1), a 

13 court may impose a sentence on the individual as if 

14 this Act, and the amendments made by this Act, 

15 were in effect at the time the offense was committed. 

16 (e) RIGHT OF ACTION.— 

17 (1) IN GENERAL.—An individual who is ag18 grieved by a disproportionate arrest rate or a dis19 proportionate incarceration rate of a State may 

20 bring a civil action in an appropriate district court 

21 of the United States. 

22 (2) RELIEF.—In a civil action brought under 

23 this subsection in which the plaintiff prevails, the 

24 court shall— 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 1456 IH

1 (A) grant all necessary equitable and legal 

2 relief, including declaratory relief; and 

3 (B) issue an order requiring the Attorney 

4 General, acting through the Director of the Bu5 reau of Justice Assistance, to— 

6 (i) declare the State to be ineligible to 

7 receive any Federal funds for the construc8 tion or staffing of a prison or jail in ac9 cordance with subsection (b)(1)(A); and 

10 (ii) reduce grant funding of the State 

11 in accordance with subsection (b)(1)(B). 

12 SEC. 4. COMMUNITY REINVESTMENT FUND. 

13 (a) ESTABLISHMENT.—There is established in the 

14 Treasury of the United States a fund, to be known as the 

15 ‘‘Community Reinvestment Fund’’ (referred to in this sec16 tion as the ‘‘Fund’’). 

17 (b) DEPOSITS.—The Fund shall consist of— 

18 (1) any amounts not awarded to a covered 

19 State because of a determination under section 

20 3(b)(1); and 

21 (2) any amounts otherwise appropriated to the 

22 Fund. 

23 (c) USE OF FUND AMOUNTS.—Amounts in the Fund 

24 shall be available to the Secretary of Housing and Urban 

25 Development to establish a grant program to reinvest in 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 1456 IH

1 communities most affected by the war on drugs, which 

2 shall include providing grants to impacted communities for 

3 programs such as— 

4 (1) job training; 

5 (2) reentry services; 

6 (3) expenses related to the expungement of con7 victions; 

8 (4) public libraries; 

9 (5) community centers; 

10 (6) programs and opportunities dedicated to 

11 youth; 

12 (7) the special purpose fund discussed below; 

13 and 

14 (8) health education programs. 

15 (d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 

16 the Fund shall be available without fiscal year limitation. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Fund 

19 $500,000,000 for each of fiscal years 2020 through 2042. 

Æ 


kjohnson on DSK79L0C42 with BILLS