IV 
115TH CONGRESS 
2D SESSION 
H. RES. 943 
Urging action to increase equity within the legal cannabis marketplace. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2018 
Ms. LEE (for herself, Ms. NORTON, Mr. POCAN, Mr. BLUMENAUER, Mr. 
MCNERNEY, Ms. SCHAKOWSKY, Ms. TITUS, Mr. KHANNA, Mrs. WATSON 
COLEMAN, Ms. DEGETTE, Mr. KIHUEN, Mr. POLIS, Mr. CAPUANO, and 
Mr. CORREA) submitted the following resolution; which was referred to 
the Committee on Energy and Commerce, and in addition to the Commit-
tees on the Judiciary, and Education and the Workforce, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
RESOLUTION 
Urging action to increase equity within the legal cannabis 
marketplace. 
Whereas the communities that have been most harmed by 
cannabis prohibition are benefiting the least from the 
legal marijuana marketplace; 
Whereas a legacy of racial and ethnic injustices, compounded 
by the disproportionate collateral consequences of 80 
years of cannabis prohibition enforcement, now limits 
participation in the industry; 
Whereas 30 States and the District of Columbia have adopt-
ed laws allowing legal access to cannabis, and 9 States 
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and the District of Columbia have adopted laws legalizing 
cannabis for adult recreational use; 
Whereas legal cannabis sales totaled $6.7 billion in 2016 and 
are projected to reach $50 billion by 2026; 
Whereas according to the American Civil Liberties Union 
(ACLU), enforcing cannabis prohibition laws costs tax-
payers about $3.6 billion a year; 
Whereas the continued enforcement of cannabis prohibition 
laws results in over 600,000 arrests annually, dispropor-
tionately impacting people of color who are almost 4 
times more likely to be arrested for cannabis possession 
than their White counterparts, despite equal rates of use 
across populations; 
Whereas people of color have been historically targeted by 
discriminatory sentencing practices resulting in Black 
men receiving drug sentences that are 13.1 percent 
longer than sentences imposed for White men and 
Latinos being nearly 6.5 times more likely to receive a 
Federal sentence for cannabis possession than non-His-
panic Whites; 
Whereas, in 2013, simple cannabis possession was the fourth 
most common cause of deportation for any offense and 
the most common cause of deportation for drug law viola-
tions; 
Whereas it is estimated that less than 1 percent of the can-
nabis industry is owned or operated by people of color; 
Whereas applicants for cannabis licenses are limited by nu-
merous laws, regulations, and exorbitant permit applica-
tions and licensing fees in these States, which can total 
more than $700,000; 
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Whereas historically disproportionate arrest and conviction 
rates make it particularly difficult for people of color to 
enter the legal cannabis marketplace, as most States bar 
these individuals from participating; 
Whereas Federal law severely limits access to loans and cap-
ital for cannabis businesses, disproportionately impacting 
minority small business owners; and 
Whereas some States and municipalities have taken proactive 
steps to mitigate inequalities in the legal cannabis mar-
ketplace and ensure equal participation in the industry: 
Now, therefore, be it 
Resolved, 
SECTION 1. SHORT TITLE. 
This resolution may be cited as the ‘‘Realizing Equi-
table & Sustainable Participation in Emerging Cannabis 
Trades Resolution’’ or the ‘‘RESPECT Resolution’’. 
SEC. 2. BEST PRACTICES AND STEPS TO ADDRESS DISPARI-
TIES IN THE CANNABIS MARKETPLACE PAR-
TICIPATION; ADDRESS, REVERSE, AND RE-
PAIR CERTAIN EFFECTS OF THE WAR ON 
DRUGS. 
(a) IN GENERAL.—The House of Representatives en-
courages States and localities to adopt best practices and 
take bold steps referred to in subsection (b) to address 
disparities in the cannabis marketplace participation and 
to address, reverse, and repair the most egregious effects 
of the war on drugs on communities of color, in particular 
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to those who now hold criminal records for a substance 
that is now legal and regulated. 
(b) BEST PRACTICES AND STEPS.—The practices 
and steps referred to in this subsection include— 
(1) establishing licensing and application fees 
that are reasonable to cover only the costs of pro-
gram implementation and necessary regulations; 
(2) creating a system where licensing is to be 
obtained at the city or county level and should be 
based on regulations determined by the local juris-
diction that meet the State’s minimum require-
ments, which allows the community to determine the 
type and number of businesses, avoids arbitrary caps 
on licenses, and results in an industry more rep-
resentative of the local market; 
(3) in States where license caps are completely 
unavoidable, establishing local oversight and control 
of cannabis licenses by allowing local cities and mu-
nicipalities to prioritize licenses for local citizens and 
residents, especially individuals most impacted by 
the war on drugs, by taking into account and 
prioritizing— 
(A) long-term residency within the State or 
locality; 
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(B) individuals whose income is less than 
80 percent of the median household income 
within a county; 
(C) individuals who have been formerly in-
carcerated; 
(D) individuals with prior drug law viola-
tions; and 
(E) individuals living within a jurisdiction 
that is heavily policed; and 
(4) adopting laws and implementing regulations 
that will allow small cultivators to thrive in the legal 
market; 
(5) creating more equitable licensing by— 
(A) eliminating broad felony restrictions 
for licensing; 
(B) focusing restrictions on entering the 
market to those, determined on a case-by-case 
basis for both licensees and employees, with 
criminal convictions that are relevant to the 
owning and operating of a business; and 
(C) prohibiting previous cannabis convic-
tions from consideration as justification for a 
denial of a license; 
(6) creating an automatic process, at no cost 
for the individual, for the expungement or sealing of 
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criminal records for cannabis offenses that is inclu-
sive of individuals currently on parole or under any 
probationary agreement, for cannabis offenses; 
(7) establishing a process for resentencing per-
sons serving sentences for cannabis convictions and 
redesignating of penalties for persons previously con-
victed of cannabis-related crimes for which the pen-
alties have been reduced or removed; 
(8) eliminating suspicionless drug testing for 
nonsafety sensitive positions; 
(9) eliminating punishment or other penaliza-
tion for persons currently under parole, probation, 
or other State supervision, or released on bail await-
ing trial, for conduct otherwise allowed under State 
cannabis laws; 
(10) setting aside a percentage of the tax rev-
enue from cannabis sales to be reinvested in commu-
nities that have been most affected by cannabis ar-
rests and the drug war, which most frequently have 
been communities of color, including programs for 
job training, reentry services, expungement expenses, 
public libraries, community centers, programs and 
opportunities dedicated to youth, and health edu-
cation programs; 
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(11) using a percentage of tax revenue to estab-
lish a special fund to provide small business invest-
ments to support people of color entering into the 
legal marijuana industry; 
(12) establishing cannabis regulatory and over-
sight bodies and commissions that reflect the racial, 
ethnic, economic, and gender makeup of the sur-
rounding community; 
(13) creating employment and subcontracting 
requirements for cannabis licensee in order to use 
the ancillary business activity generated by the can-
nabis industry to employ people of color; and 
(14) including provisions designating spaces for 
public consumption, either by the licensing of social 
entities or by creating these spaces. 
Æ 
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