The House voted on Friday to decriminalize marijuana at the federal level, mirroring laws implemented by dozens of states to eliminate or reduce punishment for the use and possession of marijuana.
“The bottom line is, this vote is about freedom, freedom of choice for Americans to make decisions for themselves without fear of the government coming and arresting them,” said Rep. Tulsi Gabbard, a Hawaii Democrat.
Democrats took up the measure after postponing consideration in September when some lawmakers in the party objected to considering the bill before the election. The Senate is unlikely to take up the bill unless Democrats regain control of the chamber by flipping two Georgia Senate seats in a rare double runoff in January.
Republicans accused Democrats on Friday of “prioritizing pot over paychecks” by using limited year-end floor time to debate marijuana legalization instead of taking up critical coronavirus relief legislation.
Republicans are seeking a vote on an extension of the Paycheck Protection Program, which provides loans to small businesses affected by coronavirus lockdowns.
Republicans flipped more than a dozen Democratic seats in the Nov. 3 election, reducing the Democratic majority to a very narrow advantage beginning next year.
“These are the actions the Democrats take, the first actions after a national election,” said Rep. Jim Jordan of Ohio, who is the top Republican on the House Judiciary Committee. “Maybe that is why our party almost took back the majority.”
Democrats rejected a GOP amendment that would allow private employees to continue to test for marijuana use.
The author of the amendment, Rep. Debbie Lesko of Arizona, said private employers must have the ability to test workers for marijuana to ensure workplace safety. The bill includes a similar provision for the federal government for certain jobs.
Democrats argued legalizing marijuana is a criminal justice imperative.
The House measure was introduced last year by Judiciary Committee Chairman Jerry Nadler, a New York Democrat who said marijuana’s criminal classification unfairly targets poor and minority groups.
“If we are serious about criminal justice reform, we need to get rid of the antiquated cannabis laws that disproportionately impact people of color,” House Oversight and Government Reform Committee Chairwoman Carolyn Maloney, a New York Democrat, said Friday.
The bill would implement a process to review sentences and expunge convictions for some marijuana offenses and would bar the denial of federal benefits for those convicted of marijuana-related offenses.
The legislation would create a 5% federal tax on all cannabis products and create an “opportunity trust fund” to help those whose marijuana-related convictions are overturned.
Fifteen states so far have legalized the recreational use of marijuana, though it remains strictly illegal on the federal level. Other states have lowered penalties and legalized medical use of the drug.
