to amend Federal law to create an expungement mechanism and a process to petition for expungement for low-level violations of the Controlled Substances Act as it relates to marijuana.
Create an expungement mechanism and petition process for low-level federal marijuana violations under the Controlled Substances Act.
Occurrences
To amend Federal law to create an expungement mechanism and a process to petition for expungement for low-level violations of the Controlled Substances Act as it relates to marijuana, to study the impact of expungements issued, and for other purposes.
Evidence
Congress.gov summarizes H.R.3617 as removing marijuana from the Controlled Substances Act and creating a process for expungement and sentencing review for federal cannabis offenses. Its cosponsor list includes Rep. Troy Carter, dated 2021-10-22.
Section 10 of H.R.3617 would require federal district review of non-violent federal cannabis convictions and allows eligible individuals to file a motion for expungement; it defines expungement as removing the record from official indexes or public records.
Congress.gov records H.R.3617 passing the House on 2022-04-01 by 220-204, then being received in the Senate and referred to the Finance Committee on 2022-04-04 as its latest action.
The House Clerk records Roll Call 107 on H.R.3617, the MORE Act, as passed 220-204; the member vote list shows Carter (LA), Democrat, Louisiana, voting Yea.
Congress.gov lists H.R.5601, the 118th Congress MORE Act, with Carter as an original cosponsor on 2023-09-20. The bill status is Introduced, and the latest action was referral to a Ways and Means subcommittee on 2024-12-17.
Section 10 of H.R.5601 again would establish federal district review, a right to petition court for expungement, sentencing review, sealing of expunged records, and a definition of federal cannabis offense.
Proclamation 10467 granted pardons for simple marijuana possession under 21 U.S.C. 844 and directed the Attorney General, through the Pardon Attorney, to issue pardon certificates to eligible applicants.
The Justice Department states that a presidential pardon does not expunge or erase a conviction; expungement is a judicial remedy and cannot be granted by DOJ or the President.
Assessments
Carter supported and voted for the MORE Act framework that would have created the promised federal marijuana expungement and petition process, including H.R.3617 in the 117th Congress and H.R.5601 in the 118th Congress. But neither bill became law, and Biden's marijuana pardons did not create expungement because pardons do not erase convictions or provide the judicial expungement mechanism promised. The promise was seriously attempted but not delivered.