Introduction of The Clean Slate for Marijuana Offenses Act

Floor Speech

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Mr. BLUMENAUER. Mr. Speaker, today, I am introducing legislation that will allow certain federal marijuana offenders the opportunity to clear their record.

In 1973, Oregon became the first state to decriminalize the personal possession of a small amount of marijuana. Since then, an additional 15 states have adopted similar policies. 23 states, the District of Columbia and Guam have passed laws that allow for the use of marijuana for certain medical conditions. In 2012, Washington and Colorado legalized the adult use of marijuana and in 2014, Oregon and Alaska followed suit. Oregon also recently led the nation in passing legislation to reduce penalties for marijuana offenses and qualifying certain marijuana offenses for expungement that could not previously be expunged.

Under the Controlled Substances Act, however, marijuana remains a Schedule I substance, classified as severely as heroin and LSD and defined as having no medical value. As a result, at the federal level, possessing or distributing marijuana, regardless of the amount and regardless of state law, remains illegal.

While the current Administration's policy is not to prosecute those who are operating in compliance with state law so long as they meet certain federal enforcement priorities, this was not always the case and may not always be the case going forward. Until recently, too many people were wrongly caught up in the conflict between federal and state law.

In 2013, after a state-legal marijuana industry began to emerge in Montana, a federal investigation responded with a series of 33 sentences against individuals, many who argued they were abiding by that system. The federal government also pursued drug trafficking charges against a family in Washington claiming to grow marijuana within the bounds of Washington's medical marijuana law. The $10 million trial ultimately resulted in a manufacturing charge that will remain on their record.

In addition, while the federal government generally devotes more resources to large-scale drug trafficking and lets local jurisdictions enforce marijuana possession offenses, federal possession charges occur. Over the past 10 years, at least 1,100 people have been sentenced for marijuana possession at the federal level.

The Clean Slate for Marijuana Offenses Act of 2015 creates a pathway for two groups of federal marijuana offenders to expunge--or clear the criminal record of--their marijuana offense: those who were federally charged for activity that was legal in the state they were in at the time; and those whose offense was the possession of an ounce or less of marijuana.

A federal drug conviction, no matter how small, can follow a person for their entire life, potentially limiting education and employment opportunities. As more and more states legalize different uses of marijuana, no one should be saddled with a record for activities related to marijuana that were legal in their state.

In addition, the possession of a small amount should not ruin a person's chances at significant opportunities later in life. While the number of people charged with federal possession offenses is low, over seven million people have been arrested with marijuana possession when totaling state, federal and local law enforcement statistics over the past 10 years. This legislation sends a strong signal to state and local jurisdictions that allowing a pathway for expungement for certain marijuana offenders should happen at all levels of law enforcement.

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