United States: an ambitious proposal to legalize cannabis

Members of the U.S. Congress recently introduced a bill that goes beyond mere legalization: the Marijuana Justice Act. Under this bill, not only would cannabis be legalized at the federal level, but states that continue to enforce laws deemed unfair would be penalized. The Marijuana Justice Act aims to promote equality and address the consequences of the war on drugs.

More Than Just Legalization

The purpose of this bill is to remove federal restrictions on cannabis. Cannabis would therefore be removed from the list of controlled substances, and states would be free to regulate it as they see fit. However, states that decide to maintain unjust policies will be denied certain federal funds. This injustice is assessed based on a rather vague criterion: «a policy that disproportionately affects certain minorities.» This seems to refer quite simply to prohibition.

Black people are 3.7 times more likely to be arrested for marijuana possession than their white counterparts, even though they use marijuana at similar rates. If we truly want to be a fair and just nation, we need to address this disparity in law enforcement practices.

— Cory Booker (@CoryBooker) February 28, 2019

The bill also stipulates that individuals who have been «affected by disproportionate arrest and incarceration rates» will have the right to sue law enforcement authorities. In addition, all criminal records for cannabis possession or use will be automatically expunged at the federal level. The bill also calls for the creation of a special fund to invest in the areas and communities most affected by the war on drugs (by funding vocational training, for example).

According to Justin Strekal, policy director at NORML: «The Marijuana Justice Act »is the most comprehensive federal bill ever introduced to put an end to the failure of cannabis prohibition and to address the enormous harm this policy has caused to already marginalized communities.".

Will the 116th Congress be the one that legalizes it?

The bill was introduced by Democratic Senator Cory Booker, who has announced his candidacy for president. Among the bill’s co-sponsors are four other presidential candidates: Kamala Harris, Kirsten Gillibrand, Bernie Sanders, and Elizabeth Warren. The legalization of cannabis seems has become a major campaign issue.

The Marijuana Justice Act had already been introduced by Cory Booker during the previous Congress, but at that time Congress was controlled by Republicans, who are traditionally more conservative. Any proposal for liberalization generally ran into a roadblock in the form of Pete Sessions, then chairman of the House Judiciary Committee, who prevented such proposals from being added to the House’s agenda. Thus, despite having six co-sponsors in the Senate and 43 signatures collected in the House of Representatives, The bill had not been debated or voted on in either chamber.

The 116th Congress, which began on January 3 and has a Democratic majority, appears to be much more supportive of liberalizing cannabis policies. Proposals similar to the Marijuana Justice Act such as the REFER Act and the RESPECT Resolution have already been introduced. Another bill, H.R. 420, aims to regulate cannabis in the same way as alcohol.