A SECOND LOOK AT THE MORE ACT - WHO WON'T BE HELPED

Kyle Jaeger recently wrote a piece for Marijuana Moment:

Trump Clemency Recipient Says Federal Marijuana Legalization Bill Will Leave Many Prisoners Behind.

Advocates are eager for a House vote on a recently reintroduced bill to federally legalize marijuana—but some others are sounding the alarm about provisions related to resentencing that might not help to repair the harms of the war on drugs in the way lawmakers are aiming for.

The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), would remove cannabis from the list of federally controlled substances. But it also has a concerted focus on social equity, which includes providing for resentencing for people convicted over certain federal marijuana offenses.

To many advocates and legislators, there’s a necessity to couple legalization with equity. And that’s what the resentencing language, along with other provisions, is supposed to achieve. But in a letter to congressional lawmakers, a pro-reform individual who received clemency for a cannabis conviction from President Donald Trump warned that the bill, as written, would not have the impact that the sponsors intend.

Because the legislation gives significant deference to the courts to make decisions on resentencing petitions—but also declines to resolve cases where there are aggravating factors such as possession of a firearm or sums of money at the time of an arrest—relief could be out of reach for a large number of federal inmates, the letter states.

Craig Cesal, who is serving a sentence of supervised release after being granted clemency by Trump over a federal cannabis trafficking case, said in the letter that many people incarcerated for marijuana “would receive no relief from their conviction at all” under the MORE Act, and some would “continue to serve life sentences for conduct which would no longer be considered illegal.”