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The MORE Act: House Plans Historic Vote on

Federal Marijuana Legalization



November 25, 2020
In December 2020, the House of Representatives plans to vote on H.R. 3884, the Marijuana Opportunity
Reinvestment and Expungement Act of 2019 (MOREAct). The MORE Act is also pending before the
Senate. Among other things, the MORE Act would remove marijuana from the schedules of controlled
substances under the Controlled Substances Act (CSA), legalizing many marijuana-related activities at the
federal level. Commentators have noted that a vote on the MORE Act would be the first time the full
House voted on a proposal to deschedule marijuana. This Legal Sidebar briefly summarizes the legal
status of marijuana in the United States. It then outlines key provisions of the MORE Act before
discussing selected considerations for Congress related to the bill.

The   Legal  Status   of Marijuana

Under federal law, the plant Cannabis s ativa L. and products derived from that plant are generally
classified as marifuana, with a couple of exceptions. (The statute uses an archaic spelling, marihuana,
that was more common when Congress enacted the CSAin 1970, but this Sidebar uses the currently
accepted spelling, marijuana.) One key exception relates to hetnlp, a legal classification that includes
cannabis and cannabis-derived products containing very low levels of the psychoactive cannabinoid delta-
9 tetrahydroc annabinol (THC). Hemp is not a controlled substance subject to the CSA, though it remains
subject to other federal laws.
Congress classified marijuana as a Schedule I controlled substance when it enacted the CSA, meaning
that marijuana is subject to the most stringent level of federal control. Congress's decision to place
marijuana in Schedule I reflects a legislative finding that marijuana has a high potential for abuse, no
currently accepted medicaluse, and a lack of accepted safety for use . .. under medical supervision.
Under the CSA, it is legal to manufacture, distribute, and possess Schedule I controlled substances such
as marijuana only in the context of federally approved research studies, subject to exacting regulatory
requirements designed to prevent abuse and diversion. Unauthorized activities involving marijuana are
criminal offenses; depending on the activity at issue and the amount of marijuana involved, such offenses
may give rise to large fines and lengthy prison sentences.
In sharp contrast to the strict federal control of marijuana, many states take a more permissive approach to
marijuana regulation. While every state once banned marijuana, in recent decades many states have
                                                              Congressional Research Service
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