I 

115TH CONGRESS 

2D SESSION H. R. 4815 

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 

JANUARY 17, 2018 

Ms. LEE (for herself, Mr. KHANNA, Ms. JACKSON LEE, Mr. COHEN, Ms. 

NORTON, Mr. RUSH, Mr. BLUMENAUER, Mr. DANNY K. DAVIS of Illinois, 

Mr. POLIS, Mr. JEFFRIES, Ms. JAYAPAL, Ms. CLARKE of New York, Ms. 

FUDGE, Mr. PAYNE, Mr. THOMPSON of Mississippi, Ms. WILSON of Florida, Mr. POCAN, Ms. GABBARD, and Mr. RASKIN) 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, 

3 SECTION 1. SHORT TITLE. 

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

5 of 2018’’. 


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1 SEC. 2. DE-SCHEDULING MARIHUANA. 

2 (a) MARIHUANA REMOVED FROM SCHEDULE OF

3 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 

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

5 U.S.C. 812) is amended— 

6 (1) by striking ‘‘marihuana’’; and 

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

8 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX9 PORT.—Section 1010(b) of the Controlled Substances Im10 port and Export Act (21 U.S.C. 960) is amended— 

11 (1) in paragraph (1)— 

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

13 after the semicolon; 

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

15 (C) by redesignating subparagraph (H) as 

16 subparagraph (G); 

17 (2) in paragraph (2)— 

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

19 after the semicolon; 

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

21 (C) by redesignating subparagraph (H) as 

22 subparagraph (G); 

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

24 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 

25 (2)’’; 

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


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

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

3 (c) CONFORMING AMENDMENTS TO CONTROLLED

4 SUBSTANCES ACT.—The Controlled Substances Act (21 

5 U.S.C. 801 et seq.) is amended— 

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

7 striking ‘‘marihuana,’’; 

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

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A)— 

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

12 ‘‘or’’ after the semicolon; 

13 (II) by striking (vii); and 

14 (III) by redesignating clause 

15 (viii) as clause (vii); 

16 (ii) in subparagraph (B)— 

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

18 (II) by redesignating clause (viii) 

19 as clause (vii); 

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

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

22 (B), and (D)’’ and inserting ‘‘subpara23 graphs (A) and (B)’’; 

24 (iv) by striking subparagraph (D); 


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1 (v) by redesignating subparagraph (E) 

2 as subparagraph (D); and 

3 (vi) in subparagraph (D)(i), as so re4 designated, by striking ‘‘subparagraphs (C) 

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

6 (C)’’; 

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

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

9 and (7) as paragraphs (4), (5), and (6), respec10 tively; 

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

12 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

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

14 by striking ‘‘, marihuana,’’; 

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

16 striking the last sentence; 

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

18 striking the last sentence; 

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

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

21 by striking ‘‘marijuana,’’; and 

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

23 as a marihuana cigarette,’’; and 


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

2 striking ‘‘section 401(b)(6)’’ each place the term ap3 pears and inserting ‘‘section 401(b)(5)’’. 

4 (d) OTHER CONFORMING AMENDMENTS.— 

5 (1) NATIONAL FOREST SYSTEM DRUG CONTROL

6 ACT OF 1986.—The National Forest System Drug 

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

8 amended— 

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

10 559b(a)) by striking ‘‘marijuana and other’’; 

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

12 559c(2)) by striking ‘‘marijuana and other’’; 

13 and 

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

15 559d(2)) by striking ‘‘marijuana and other’’. 

16 (2) INTERCEPTION OF COMMUNICATIONS.—Sec17 tion 2516 of title 18, United States Code, is amend18 ed— 

19 (A) in subsection (1)(e), by striking ‘‘mari20 huana,’’; and 

21 (B) in subsection (2) by striking ‘‘mari22 huana,’’. 

23 SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS. 

24 (a) DEFINITIONS.—In this section— 


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

2 that has not enacted a statute legalizing marijuana 

3 in the State; 

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

5 means— 

6 (A) the percentage of minority individuals 

7 arrested for a marijuana related offense in a 

8 State is higher than the percentage of the non9 minority individual population of the State, as 

10 determined by the most recent census data; or 

11 (B) the percentage of low-income individ12 uals arrested for a marijuana offense in a State 

13 is higher than the percentage of the population 

14 of the State that are not low-income individ15 uals, as determined by the most recent census 

16 data; 

17 (3) the term ‘‘disproportionate incarceration 

18 rate’’ means the percentage of minority individuals 

19 incarcerated for a marijuana related offense in a 

20 State is higher than the percentage of the non-mi21 nority individual population of the State, as deter22 mined by the most recent census data; 

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

24 individual whose taxable income (as defined in sec25 tion 63 of the Internal Revenue Code of 1986) is 


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1 equal to or below the maximum dollar amount for 

2 the 15 percent rate bracket applicable to the indi3 vidual under section 1 of the Internal Revenue Code 

4 of 1986; 

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

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

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

8 (6) the term ‘‘minority individual’’ means an in9 dividual who is a member of a racial or ethnic mi10 nority group. 

11 (b) INELIGIBILITY FOR CERTAIN FUNDS.— 

12 (1) IN GENERAL.—For any fiscal year begin13 ning after the date of enactment of this Act in which 

14 the Attorney General, acting through the Director of 

15 the Bureau of Justice Assistance, determines that a 

16 covered State has a disproportionate arrest rate or 

17 a disproportionate incarceration rate for marijuana 

18 offenses, the covered State— 

19 (A) shall not be eligible to receive any Fed20 eral funds for the construction or staffing of a 

21 prison or jail; and 

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

23 percent reduction of the funds that would oth24 erwise be allocated for that fiscal year to the 

25 covered State under subpart 1 of part E of title 


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1 I of the Omnibus Crime Control and Safe 

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

3 whether characterized as the Edward Byrne 

4 Memorial State and Local Law Enforcement 

5 Assistance Programs, the Local Government 

6 Law Enforcement Block Grants Program, the 

7 Edward Byrne Memorial Justice Assistance 

8 Grant Program, or otherwise. 

9 (2) FUNDS FOR CERTAIN PROGRAMMING.—For 

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

11 construction or staffing of a prison or jail shall not 

12 include Federal funds used by a prison or jail to 

13 carry out recidivism reduction programming or drug 

14 addiction treatment. 

15 (3) REALLOCATION.—Any amounts not award16 ed to a covered State because of a determination 

17 under paragraph (1) shall be deposited in the Com18 munity Reinvestment Fund established under section 

19 4. 

20 (c) EXPUNGEMENT OF MARIJUANA OFFENSE CON21 VICTIONS.—Each Federal court shall issue an order 

22 expunging each conviction for a marijuana use or posses23 sion offense entered by the court before the date of enact24 ment of this Act. 

25 (d) SENTENCING REVIEW.— 


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

2 sentenced to a term of imprisonment for a Federal 

3 criminal offense involving marijuana before the date 

4 of enactment of this Act and is still serving such 

5 term of imprisonment, the court that imposed the 

6 sentence, shall, on motion of the individual, the Di7 rector of the Bureau of Prisons, the attorney for the 

8 Government, or the court, conduct a sentencing 

9 hearing. 

10 (2) POTENTIAL REDUCED RESENTENCING.— 

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

12 court may impose a sentence on the individual as if 

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

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

15 (e) RIGHT OF ACTION.— 

16 (1) IN GENERAL.—An individual who is ag17 grieved by a disproportionate arrest rate or a dis18 proportionate incarceration rate of a State may 

19 bring a civil action in an appropriate district court 

20 of the United States. 

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

22 this subsection in which the plaintiff prevails, the 

23 court shall— 

24 (A) grant all necessary equitable and legal 

25 relief, including declaratory relief; and 


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1 (B) issue an order requiring the Attorney 

2 General, acting through the Director of the Bu3 reau of Justice Assistance, to— 

4 (i) declare the State to be ineligible to 

5 receive any Federal funds for the construc6 tion or staffing of a prison or jail in ac7 cordance with subsection (b)(1)(A); and 

8 (ii) reduce grant funding of the State 

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

10 SEC. 4. COMMUNITY REINVESTMENT FUND. 

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

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

13 ‘‘Community Reinvestment Fund’’ (referred to in this sec14 tion as the ‘‘Fund’’). 

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

16 (1) any amounts not awarded to a covered 

17 State because of a determination under section 

18 3(b)(1); and 

19 (2) any amounts otherwise appropriated to the 

20 Fund. 

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

22 shall be available to the Secretary of Housing and Urban 

23 Development to establish a grant program to reinvest in 

24 communities most affected by the war on drugs, which 


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1 shall include providing grants to impacted communities for 

2 programs such as— 

3 (1) job training; 

4 (2) reentry services; 

5 (3) expenses related to the expungement of con6 victions; 

7 (4) public libraries; 

8 (5) community centers; 

9 (6) programs and opportunities dedicated to 

10 youth; 

11 (7) the special purpose fund discussed below; 

12 and 

13 (8) health education programs. 

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

15 the Fund shall be available without fiscal year limitation. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Fund 

18 $500,000,000 for each of fiscal years 2018 through 2040. 

Æ 


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