We have spilled a good bit of ink on this blog writing about the MORE Act (Marijuana Opportunity and Expungement Act) which is finally headed to a floor vote in the House, probably tomorrow, December 3. The MORE Act ends federal marijuana prohibition and the criminalization of cannabis by descheduling marijuana from the Controlled Substances Act (CSA). That would be great, of course. Assuming the House version (HR 3884) passes, it will be crucial for the Senate version (S 2227), sponsored by Vice-President-Elect Kamala Harris, to also see daylight in the upper chamber. My guess is it won’t, unless both Democratic candidates prevail in the Georgia runoffs this January, resulting in Mitch McConnell’s replacement as Senate Majority Leader.
But that’s a question for another day. For now, I want to highlight what would happen if the MORE Act does become law someday soon, because I’m seeing some bad information out there. The biggest point of confusion seems to be the idea that if the MORE Act passes, cannabis will become legal nationwide. It won’t. As a matter of federal law, yes, cannabis will be descheduled entirely. And not only that, but all federal marijuana convictions will be expunged—