,,ii #aafth ,,congress #ast ,session ,s4 #eig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai ,mr4 ,booker 7for himself1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,ms4 ,warren1 ,ms4 ,harris1 ,mrs4 ,gillibrand1 ,mr4 ,sanders1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,controlled ,substances ,act to provide for a new rule regarding the application of the ,act to marihuana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marijuana ,justice ,act of #bjai4 #b4 ,de-scheduling marihuana 7a7 ,marihuana removed from schedule of controlled substances ,subsection 7c7 of schedule ,i of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended-- 7#a7 by striking marihuana2 and 7#b7 by striking tetrahydrocannabinols4 7b7 ,removal of ,prohibition on ,import and ,export ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,f71 by inserting or after the semicolon2 7,b7 by striking subparagraph 7,g72 and 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,f71 by inserting or after the semicolon2 7,b7 by striking subparagraph 7,g72 and 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 7#c7 in paragraph 7#c71 by striking paragraphs 7#a71 7#b71 and 7#d7 and inserting paragraphs 7#a7 and 7#b72 7#d7 by striking paragraph 7#d72 and 7#e7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively4 7c7 ,conforming amendments to ,controlled ,substances ,act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb7dd7 7#ba ,u4,s4,c4 #hjb7dd771 by striking marihuana12 7#b7 in section #dja7;b7 7#ba ,u4,s4,c4 #hda7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7vii72 and 7,,ii7 by redesignating clause 7viii7 as clause 7vii72 7iii7 in subparagraph 7,c71 in the first sentence1 by striking subparagraphs 7,a71 7,b71 and 7,d7 and inserting subparagraphs 7,a7 and 7,b72 7iv7 by striking subparagraph 7,d72 7v7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vi7 in subparagraph 7,d77i71 as so redesignated1 by striking subparagraphs 7,c7 and 7,d7 and inserting subparagraph 7,c72 7,b7 by striking paragraph 7#d72 and 7,c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 in section #djb7;c77#b77;,b7 7#ba ,u4,s4,c4 #hdb7;c77#b77;,b771 by striking 1 marihuana12 7#d7 in section #djc7;d77#a7 7#ba ,u4,s4,c4 #hdc7;d77#a771 by striking 1 marihuana12 7#e7 in section #dah7;a7 7#ba ,u4,s4,c4 #hei7;a771 by striking the last sentence2 7#f7 in section #dai7;a7 7#ba ,u4,s4,c4 #hfj7;a771 by striking the last sentence2 7#g7 in section #dbb7;d7 7#ba ,u4,s4,c4 #hfc7;d77-- 7,a7 in the matter preceding paragraph 7#a71 by striking marijuana12 and 7,b7 in paragraph 7#e71 by striking 1 such as a marihuana cigarette12 and 7#h7 in section #eaf7;d7 7#ba ,u4,s4,c4 #hhf7;d771 by striking section #dja7;b77#f7 each place the term appears and inserting section #dja7;b77#e74 7d7 ,other conforming amendments 7#a7 ,national ,forest ,system ,drug ,control ,act of #aihf ,the ,national ,forest ,system ,drug ,control ,act of #aihf 7#af ,u4,s4,c4 #eei;b et seq47 is amended-- 7,a7 in section #aejjb7;a7 7#af ,u4,s4,c4 #eei;b7a77 by striking marijuana and other2 7,b7 in section #aejjc7b7 7#af ,u4,s4,c4 #eei;c7#b77 by striking marijuana and other2 and 7,c7 in section #aejjd7b7 7#af ,u4,s4,c4 #eei;d7#b77 by striking marijuana and other4 7#b7 ,interception of ,communications ,section #beaf of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7#a77;e71 by striking marihuana12 and 7,b7 in subsection 7#b7 by striking marihuana14 #c4 ,ineligibility for certain funds 7a7 ,definitions ,in this section-- 7#a7 the term covered ,state means a ,state that has not enacted a statute legalizing marijuana in the ,state2 7#b7 the term disproportionate arrest rate means-- 7,a7 the percentage of minority individuals arrested for a marijuana related offense in a ,state is higher than the percentage of the non-minority individual population of the ,state1 as determined by the most recent census data2 or 7,b7 the percentage of low-income individuals arrested for a marijuana offense in a ,state is higher than the percentage of the population of the ,state that are not low-income individuals1 as determined by the most recent census data2 7#c7 the term disproportionate incarceration rate means the percentage of minority individuals incarcerated for a marijuana related offense in a ,state is higher than the percentage of the non-minority individual population of the ,state1 as determined by the most recent census data2 7#d7 the term low-income individual means and individual whose taxable income 7as defined in section #fc of the ,internal ,revenue ,code of #aihf7 is equal to or below the maximum dollar amount for the #ae percent rate bracket applicable to the individual under section #a of the ,internal ,revenue ,code of #aihf2 7#e7 the term marijuana has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 and 7#f7 the term minority individual means an individual who is a member of a racial or ethnic minority group4 7b7 ,ineligibility for certain funds 7#a7 ,in general ,for any fiscal year beginning after the date of enactment of this ,act in which the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance1 determines that a covered ,state has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses1 the covered ,state-- 7,a7 shall not be eligible to receive any ,federal funds for the construction or staffing of a prison or jail2 and 7,b7 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered ,state under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq471 whether characterized as the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#b7 ,funds for certain programming ,for purposes of paragraph 7#a77;,a71 ,federal funds for the construction or staffing of a prison or jail shall not include ,federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment4 7#c7 ,reallocation ,any amounts not awarded to a covered ,state because of a determination under paragraph 7#a7 shall be deposited in the ,community ,reinvestment ,fund established under section #d4 7c7 ,expungement of marijuana offense convictions ,each ,federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this ,act4 7d7 ,sentencing review 7#a7 ,in general ,for any individual who was sentenced to a term of imprisonment for a ,federal criminal offense involving marijuana before the date of enactment of this ,act and is still serving such term of imprisonment1 the court that imposed the sentence1 shall1 on motion of the individual1 the ,director of the ,bureau of ,prisons1 the attorney for the ,government1 or the court1 conduct a sentencing hearing4 7#b7 ,potential reduced resentencing ,after a sentencing hearing under paragraph 7#a71 a court may impose a sentence on the individual as if this ,act1 and the amendments made by this ,act1 were in effect at the time the offense was committed4 7e7 ,right of action 7#a7 ,in general ,an individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a ,state may bring a civil action in an appropriate district court of the ,united ,states4 7#b7 ,relief ,in a civil action brought under this subsection in which the plaintiff prevails1 the court shall-- 7,a7 grant all necessary equitable and legal relief1 including declaratory relief2 and 7,b7 issue an order requiring the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance1 to-- 7i7 declare the ,state to be ineligible to receive any ,federal funds for the construction or staffing of a prison or jail in accordance with subsection 7b77#a77;,a72 and 7ii7 reduce grant funding of the ,state in accordance with subsection 7b77#a77;,b74 #d4 ,community ,reinvestment ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,community ,reinvestment ,fund 7referred to in this section as the ,fund74 7b7 ,deposits ,the ,fund shall consist of-- 7#a7 any amounts not awarded to a covered ,state because of a determination under section #c7;b77#a72 and 7#b7 any amounts otherwise appropriated to the ,fund4 7c7 ,use of ,fund amounts ,amounts in the ,fund shall be available to the ,secretary of ,housing and ,urban ,development to establish a grant program to reinvest in communities most affected by the war on drugs1 which shall include providing grants to impacted communities for programs such as-- 7#a7 job training2 7#b7 reentry services2 7#c7 expenses related to the expungement of convictions2 7#d7 public libraries2 7#e7 community centers2 7#f7 programs and opportunities dedicated to youth2 7#g7 the special purpose fund discussed below2 and 7#h7 health education programs4 7d7 ,availability of ,fund amounts ,amounts in the ,fund shall be available without fiscal year limitation4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund #ejj1jjj1jjj for each of fiscal years #bjbj through #bjdb4