The War on Drugs has been a war on people—particularly people of color. The Cannabis Administration and Opportunity Act aims to end the decades of harm inflicted on communities of color by removing cannabis from the federal list of controlled substances and empowering states to implement their own cannabis laws. Federal cannabis reforms are especially urgent as more and more states legalize the adult and medical use of cannabis. To date, the adult use of cannabis is legal in 18 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and Guam; and 37 states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands have advanced laws to allow medical cannabis, with nearly all Americans living in a state where some form of cannabis is legal. These changes represent a dynamic shift in public opinion and support across the political spectrum. Today, more than 90 percent of Americans believe cannabis should be legal either for adult or medical use. Despite legalization under state law and broad public support for cannabis legalization, cannabis remains illegal under federal law. By ending the failed federal prohibition of cannabis, the Cannabis Administration and Opportunity Act will ensure that Americans – especially Black and Brown Americans – no longer have to fear arrest or be barred from public housing or federal financial aid for higher education for using cannabis in states where it’s legal. State-compliant cannabis businesses will finally be treated like other businesses and allowed access to essential financial services, like bank accounts and loans. Medical research will no longer be stifled. But this alone is not enough. The Cannabis Administration and Opportunity Act includes restorative measures to lift up people and communities who were unfairly targeted in the War on Drugs. The bill automatically expunges federal non-violent marijuana crimes and allows an individual currently serving time in federal prison for non-violent marijuana crimes to petition a court for resentencing. The legislation also creates an “Opportunity Trust Fund” funded by federal cannabis tax revenue to reinvest in the communities most impacted by the failed War on Drugs, as well as helping to level the playing field for entrepreneurs of color who continue to face barriers of access to the industry. Importantly, the legislation also ends discrimination in federal public benefits for medical marijuana patients and adult use consumers. The legislation preserves the integrity of state cannabis laws and provides a path for responsible federal regulation of the cannabis industry. Like with federal regulations on alcohol, CANNABIS ADMINISTRATION AND OPPORTUNITY ACT | Sens. Booker, Wyden, and Schumer 2 states can determine their own cannabis laws, but federal prohibition will no longer be an obstacle. Regulatory responsibility will be moved from the U.S. Drug Enforcement Agency (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Bureau of Alcohol Tobacco Firearms and Explosives (ATF), as well as the Food and Drug Administration (FDA) to protect public health. Additionally, revenue generated by federal taxes will support restorative justice and public health and safety research. U.S. Senators Cory Booker, D-N.J., Ron Wyden, D-Ore., and Chuck Schumer, D-N.Y., (collectively referred to in this document as the “Sponsoring Offices”) are committed to turning the page on this sad chapter in American history and undoing the devastating consequences of current discriminatory cannabis policies.
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