HEN17771

S.L.C.

115TH CONGRESS
1ST SESSION

S. ll

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 SENATE OF THE UNITED STATES
Mr. BOOKER

llllllllll
introduced the following bill; which was read twice and referred
to the Committee on llllllllll

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.
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Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.

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

5 of 2017’’.
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SEC. 2. DE-SCHEDULING MARIHUANA.

(a) MARIHUANA REMOVED FROM SCHEDULE

OF

8 CONTROLLED SUBSTANCES.—Subsection (c) of schedule
9 I of section 202(c) of the Controlled Substances Act (21
10 U.S.C. 812) is amended—

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(1) by striking ‘‘marihuana’’; and

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(2) by striking ‘‘tetrahydrocannabinols’’.

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(b) REMOVAL
PORT.—Section

OF

PROHIBITION

ON IMPORT AND

EX -

1010(b) of the Controlled Substances Im-

5 port and Export Act (21 U.S.C. 960) is amended—
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(1) in paragraph (1)—

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(A) in subparagraph (F), by inserting ‘‘or’’
after the semicolon;

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(B) by striking subparagraph (G); and

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(C) by redesignating subparagraph (H) as

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subparagraph (G);

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(2) in paragraph (2)—

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(A) in subparagraph (F), by inserting ‘‘or’’
after the semicolon;

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(B) by striking subparagraph (G); and

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(C) by redesignating subparagraph (H) as

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subparagraph (G);

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

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

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(2)’’;

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(4) by striking paragraph (4); and

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

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

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(c) CONFORMING AMENDMENTS

TO

CONTROLLED

2 SUBSTANCES ACT.—The Controlled Substances Act (21
3 U.S.C. 801 et seq.) is amended—
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(1) in section 102(44) (21 U.S.C. 802(44)), by
striking ‘‘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’’ after the semicolon;

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(II) by striking (vii); and

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(III)

by

redesignating

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(viii) as clause (vii);

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(ii) in subparagraph (B)—

clause

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(I) by striking clause (vii); and

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(II) by redesignating clause (viii)

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as clause (vii);

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

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sentence, by striking ‘‘subparagraphs (A),

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(B), and (D)’’ and inserting ‘‘subpara-

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graphs (A) and (B)’’;

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(iv) by striking subparagraph (D);

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(v) by redesignating subparagraph (E)

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as subparagraph (D); and

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(vi) in subparagraph (D)(i), as so re-

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designated, by striking ‘‘subparagraphs (C)

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and (D)’’ and inserting ‘‘subparagraph

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(C)’’;

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(B) by striking paragraph (4); and

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

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and (7) as paragraphs (4), (5), and (6), respec-

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tively;

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(3)

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in

section

402(c)(2)(B)

(21

U.S.C.

842(c)(2)(B)), by striking ‘‘, marihuana,’’;
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)),
by striking ‘‘, marihuana,’’;
(5) in section 418(a) (21 U.S.C. 859(a)), by
striking the last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by
striking the last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))—
(A) in the matter preceding paragraph (1),
by striking ‘‘marijuana,’’; and
(B) in paragraph (5), by striking ‘‘, such

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as a marihuana cigarette,’’; and

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

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striking ‘‘section 401(b)(6)’’ each place the term ap-

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pears and inserting ‘‘section 401(b)(5)’’.

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(d) OTHER CONFORMING AMENDMENTS.—

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(1) NATIONAL

FOREST SYSTEM DRUG CONTROL

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ACT OF 1986.—The

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

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amended—

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(A)

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in

National Forest System Drug

section

15002(a)

(16

U.S.C.

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

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(B)

in

section

15003(2)

(16

U.S.C.

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

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and

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(C)

in

section

15004(2)

(16

U.S.C.

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

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(2) INTERCEPTION

OF COMMUNICATIONS.—Sec-

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tion 2516 of title 18, United States Code, is amend-

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ed—

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(A) in subsection (1)(e), by striking ‘‘marihuana,’’; and

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(B) in subsection (2) by striking ‘‘marihuana,’’.
SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS.

(a) DEFINITIONS.—In this section—

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

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that has not enacted a statute legalizing marijuana

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in the State;

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(2) the term ‘‘disproportionate arrest rate’’
means—

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(A) the percentage of minority individuals

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arrested for a marijuana related offense in a

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State is higher than the percentage of the non-

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minority individual population of the State, as

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determined by the most recent census data; or

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(B) the percentage of low-income individ-

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uals arrested for a marijuana offense in a State

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is higher than the percentage of the population

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of the State that are not low-income individ-

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uals, as determined by the most recent census

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data;

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(3) the term ‘‘disproportionate incarceration

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rate’’ means the percentage of minority individuals

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incarcerated for a marijuana related offense in a

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State is higher than the percentage of the non-mi-

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nority individual population of the State, as deter-

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mined by the most recent census data;

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

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and individual whose taxable income (as defined in

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section 63 of the Internal Revenue Code of 1986) is

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equal to or below the maximum dollar amount for

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the 15 percent rate bracket applicable to the indi-

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vidual under section 1 of the Internal Revenue Code

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of 1986;

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

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

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

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(6) the term ‘‘minority individual’’ means an in-

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dividual who is a member of a racial or ethnic mi-

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nority group.

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(b) INELIGIBILITY FOR CERTAIN FUNDS.—

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(1) IN

GENERAL.—For

any fiscal year begin-

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ning after the date of enactment of this Act in which

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the Attorney General, acting through the Director of

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the Bureau of Justice Assistance, determines that a

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covered State has a disproportionate arrest rate or

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a disproportionate incarceration rate for marijuana

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offenses, the covered State—

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(A) shall not be eligible to receive any Fed-

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eral funds for the construction or staffing of a

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prison or jail; and

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

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percent reduction of the funds that would oth-

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erwise be allocated for that fiscal year to the

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covered State under subpart 1 of part E of title

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I of the Omnibus Crime Control and Safe

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

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whether characterized as the Edward Byrne

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Memorial State and Local Law Enforcement

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Assistance Programs, the Local Government

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Law Enforcement Block Grants Program, the

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Edward Byrne Memorial Justice Assistance

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Grant Program, or otherwise.

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(2) FUNDS

FOR CERTAIN PROGRAMMING.—For

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

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construction or staffing of a prison or jail shall not

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include Federal funds used by a prison or jail to

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carry out recidivism reduction programming or drug

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addiction treatment.

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(3) REALLOCATION.—Any amounts not award-

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ed to a covered State because of a determination

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under paragraph (1) shall be deposited in the Com-

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munity Reinvestment Fund established under section

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4.

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(c) EXPUNGEMENT

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VICTIONS.—Each

OF

MARIJUANA OFFENSE CON-

Federal court shall issue an order

18 expunging each conviction for a marijuana use or posses19 sion offense entered by the court before the date of enact20 ment of this Act.
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(d) SENTENCING REVIEW.—
(1) IN

GENERAL.—For

any individual who was

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sentenced to a term of imprisonment for a Federal

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criminal offense involving marijuana before the date

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of enactment of this Act and is still serving such

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term of imprisonment, the court that imposed the

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sentence, shall, on motion of the individual, the Di-

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rector of the Bureau of Prisons, the attorney for the

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Government, or the court, conduct a sentencing

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hearing.

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(2) POTENTIAL

REDUCED

RESENTENCING.—

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After a sentencing hearing under paragraph (1), a

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court may impose a sentence on the individual as if

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this Act, and the amendments made by this Act,

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were in effect at the time the offense was committed.

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(e) RIGHT OF ACTION.—

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(1) IN

GENERAL.—An

individual who is ag-

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grieved by a disproportionate arrest rate or a dis-

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proportionate incarceration rate of a State may

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bring a civil action in an appropriate district court

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of the United States

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

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this subsection in which the plaintiff prevails, the

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court shall—

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(A) grant all necessary equitable and legal
relief, including declaratory relief; and

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(B) issue an order requiring the Attorney

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General, acting through the Director of the Bu-

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reau of Justice Assistance, to—

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(i) declare the State to be ineligible to

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receive any Federal funds for the construc-

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tion or staffing of a prison or jail in ac-

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cordance with subsection (b)(1)(A); and

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(ii) reduce grant funding of the State

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in accordance with subsection (b)(1)(B).
SEC. 4. COMMUNITY REINVESTMENT FUND.

(a) ESTABLISHMENT.—There is established in the

9 Treasury of the United States a fund, to be known as the
10 ‘‘Community Reinvestment Fund’’ (referred to in this sec11 tion as the ‘‘Fund’’).
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(b) DEPOSITS.—The Fund shall consist of—

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(1) any amounts not awarded to a covered

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State because of a determination under section

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3(b)(1); and

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(2) any amounts otherwise appropriated to the

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Fund.

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(c) USE

OF

FUND AMOUNTS.—Amounts in the Fund

19 shall be available to the Secretary of Housing and Urban
20 Development to establish a grant program to reinvest in
21 communities most affected by the war on drugs, which
22 shall include providing grants to impacted communities for
23 programs such as—
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(1) job training;

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(2) reentry services;

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(3) expenses related to the expungement of convictions;

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(4) public libraries;

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(5) community centers;

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(6) programs and opportunities dedicated to

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youth;

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(7) the special purpose fund discussed below;
and
(8) health education programs.
(d) AVAILABILITY

OF

FUND AMOUNTS.—Amounts in

11 the Fund shall be available without fiscal year limitation.
12
13 are

(e) AUTHORIZATION
authorized

to

be

OF

APPROPRIATIONS.—There

appropriated

to

the

Fund

14 $500,000,000 for each of fiscal years 2018 through 2040.