Marijuana Justice Act of 2018

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. Short title This Act may be cited as the Marijuana Justice Act of 2018 2. De-scheduling marihuana (a) Marihuana removed from schedule of controlled substances Subsection (c) of schedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812 (1) by striking marihuana (2) by striking tetrahydrocannabinols (b) Removal of Prohibition on Import and Export Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 (1) in paragraph (1)— (A) in subparagraph (F), by inserting or (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (2) in paragraph (2)— (A) in subparagraph (F), by inserting or (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (3) in paragraph (3), by striking paragraphs (1), (2), and (4) paragraphs (1) and (2) (4) by striking paragraph (4); and (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Conforming amendments to Controlled Substances Act The Controlled Substances Act ( 21 U.S.C. 801 (1) in section 102(44) ( 21 U.S.C. 802(44) marihuana, (2) in section 401(b) ( 21 U.S.C. 841(b) (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by inserting or (II) by striking (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)— (I) by striking clause (vii); and (II) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D) subparagraphs (A) and (B) (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D) subparagraph (C) (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) ( 21 U.S.C. 842(c)(2)(B) , marihuana, (4) in section 403(d)(1) ( 21 U.S.C. 843(d)(1) , marihuana, (5) in section 418(a) ( 21 U.S.C. 859(a) (6) in section 419(a) ( 21 U.S.C. 860(a) (7) in section 422(d) ( 21 U.S.C. 863(d) (A) in the matter preceding paragraph (1), by striking marijuana, (B) in paragraph (5), by striking , such as a marihuana cigarette, (8) in section 516(d) ( 21 U.S.C. 886(d) section 401(b)(6) section 401(b)(5) (d) Other conforming amendments (1) National Forest System Drug Control Act of 1986 The National Forest System Drug Control Act of 1986 ( 16 U.S.C. 559b (A) in section 15002(a) ( 16 U.S.C. 559b(a) marijuana and other (B) in section 15003(2) ( 16 U.S.C. 559c(2) marijuana and other (C) in section 15004(2) ( 16 U.S.C. 559d(2) marijuana and other (2) Interception of Communications Section 2516 of title 18, United States Code, is amended— (A) in subsection (1)(e), by striking marihuana, (B) in subsection (2) by striking marihuana, 3. Ineligibility for certain funds (a) Definitions In this section— (1) the term covered State (2) the term disproportionate arrest rate (A) the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or (B) the percentage of low-income individuals arrested for a marijuana offense in a State is higher than the percentage of the population of the State that are not low-income individuals, as determined by the most recent census data; (3) the term disproportionate incarceration rate (4) the term low-income individual section 63 section 1 (5) the term marijuana marihuana 21 U.S.C. 802 (6) the term minority individual (b) Ineligibility for certain funds (1) In general For any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State— (A) shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail; and (B) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 (2) Funds for certain programming For purposes of paragraph (1)(A), Federal funds for the construction or staffing of a prison or jail shall not include Federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment. (3) Reallocation Any amounts not awarded to a covered State because of a determination under paragraph (1) shall be deposited in the Community Reinvestment Fund established under section 4. (c) Expungement of marijuana offense convictions Each Federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this Act. (d) Sentencing review (1) In general For any individual who was sentenced to a term of imprisonment for a Federal criminal offense involving marijuana before the date of enactment of this Act and is still serving such term of imprisonment, the court that imposed the sentence, shall, on motion of the individual, the Director of the Bureau of Prisons, the attorney for the Government, or the court, conduct a sentencing hearing. (2) Potential reduced resentencing After a sentencing hearing under paragraph (1), a court may impose a sentence on the individual as if this Act, and the amendments made by this Act, were in effect at the time the offense was committed. (e) Right of action (1) In general An individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a State may bring a civil action in an appropriate district court of the United States. (2) Relief In a civil action brought under this subsection in which the plaintiff prevails, the court shall— (A) grant all necessary equitable and legal relief, including declaratory relief; and (B) issue an order requiring the Attorney General, acting through the Director of the Bureau of Justice Assistance, to— (i) declare the State to be ineligible to receive any Federal funds for the construction or staffing of a prison or jail in accordance with subsection (b)(1)(A); and (ii) reduce grant funding of the State in accordance with subsection (b)(1)(B). 4. Community Reinvestment Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Community Reinvestment Fund Fund (b) Deposits The Fund shall consist of— (1) any amounts not awarded to a covered State because of a determination under section 3(b)(1); and (2) any amounts otherwise appropriated to the Fund. (c) Use of Fund amounts Amounts in the Fund shall be available to the Secretary of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs such as— (1) job training; (2) reentry services; (3) expenses related to the expungement of convictions; (4) public libraries; (5) community centers; (6) programs and opportunities dedicated to youth; (7) the special purpose fund discussed below; and (8) health education programs. (d) Availability of Fund amounts Amounts in the Fund shall be available without fiscal year limitation. (e) Authorization of appropriations There are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 2018 through 2040.

Summary: Marijuana Justice Act of 2018 This bill amends the Controlled Substances Act: to remove marijuana and tetrahydrocannabinols from schedule I; and to eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. It prohibits and reduces certain federal funds for a state without a statute legalizing marijuana, if the Bureau of Justice Assistance determines that such a state has a disproportionate arrest rate or disproportionate incarceration rate for marijuana offenses. The bill directs federal courts to expunge convictions for marijuana use or possession. Finally, it establishes in the Treasury the Community Reinvestment Fund. Amounts in the fund may be used by the Department of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs.