Emergency Cannabis Small Business Health and Safety Act

I 116TH CONGRESS 2D SESSION H. R. 6602 To provide assistance under programs relating to COVID–19 of the Small Business Administration to cannabis businesses and their service pro- viders, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 23, 2020 Mr. BLUMENAUER (for himself, Mr. PERLMUTTER, Mr. CROW, Ms. LEE of California, Mr. DEFAZIO, Ms. SCHAKOWSKY, Ms. TLAIB, Mr. YOUNG, Ms. NORTON, Mr. NEGUSE, Ms. HAALAND, Ms. DEGETTE, Mr. HUFFMAN, Ms. DELBENE, Ms. PORTER, Ms. JAYAPAL, and Ms. GABBARD) introduced the following bill; which was referred to the Com- mittee on Small Business A BILL To provide assistance under programs relating to COVID– 19 of the Small Business Administration to cannabis businesses and their service providers, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Cannabis 4 Small Business Health and Safety Act’’. 5 VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6602 IH SEC. 2. ELIGIBILITY FOR THE PAYCHECK PROTECTION 1 PROGRAM. 2 Notwithstanding any other provision of law, a busi- 3 ness shall not be ineligible for assistance under section 4 7(a)(36) of the Small Business Act (15 U.S.C. 5 636(a)(36)) on the basis that the business is a cannabis- 6 related legitimate business or a service provider. 7 SEC. 3. ELIGIBILITY FOR ECONOMIC INJURY DISASTER 8 LOANS. 9 Notwithstanding any other provision of law, a busi- 10 ness shall not be ineligible for assistance under section 11 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) 12 on the basis that the business is a cannabis-related legiti- 13 mate business or a service provider. 14 SEC. 4. ELIGIBILITY FOR ECONOMIC INJURY DISASTER 15 LOANS EMERGENCY GRANTS. 16 Notwithstanding any other provision of law, a busi- 17 ness shall not be ineligible for emergency EIDL grants 18 under section 1110 of the CARES Act (Public Law 116– 19 136) on the basis that the business is a cannabis-related 20 legitimate business or service provider. 21 SEC. 5. RULE FOR THE SMALL BUSINESS ADMINISTRATION 22 AND ITS EMPLOYEES. 23 With respect to providing a loan, emergency advance, 24 or loan guarantee to a cannabis-related legitimate business 25 or service provider within a State, political subdivision of 26 VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6602 IH a State, or Indian country that allows the cultivation, pro- 1 duction, manufacture, sale, transportation, display, dis- 2 pensing, distribution, or purchase of cannabis pursuant to 3 a law or regulation of such State, political subdivision, or 4 Indian Tribe that has jurisdiction over the Indian country, 5 as applicable, the Small Business Administration and the 6 officers, directors, and employees of the Small Business 7 Administration, may not be held liable pursuant to any 8 Federal law or regulation solely for providing a loan or 9 a loan guarantee to a cannabis-related legitimate business 10 or a service provider in carrying out the Families First 11 Coronavirus Response Act (Public Law 116–127) or the 12 CARES Act (Public Law 116–136). 13 SEC. 6. DEFINITIONS. 14 In this Act: 15 (1) CANNABIS.—The term ‘‘cannabis’’ has the 16 meaning given the term ‘‘marihuana’’ in section 102 17 of the Controlled Substances Act (21 U.S.C. 802). 18 (2) CANNABIS PRODUCT.—The term ‘‘cannabis 19 product’’ means any article which contains cannabis, 20 including an article which is a concentrate, an edi- 21 ble, a tincture, a cannabis-infused product, or a top- 22 ical. 23 (3) CANNABIS-RELATED LEGITIMATE BUSI- 24 NESS.—The term ‘‘cannabis-related legitimate busi- 25 VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6602 IH ness’’ means a manufacturer, producer, or any per- 1 son that— 2 (A) engages in any activity described in 3 subparagraph (B) pursuant to a law established 4 by a State or a political subdivision of a State, 5 as determined by such State or political subdivi- 6 sion; and 7 (B) participates in any business or orga- 8 nized activity that involves handling cannabis or 9 cannabis products, including cultivating, pro- 10 ducing, manufacturing, selling, transporting, 11 displaying, dispensing, distributing, or pur- 12 chasing cannabis or cannabis products. 13 (4) INDIAN COUNTRY.—The term ‘‘Indian coun- 14 try’’ has the meaning given that term in section 15 1151 of title 18, United States Code. 16 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 17 has the meaning given that term in section 102 of 18 the Federally Recognized Indian Tribe List Act of 19 1994 (25 U.S.C. 479a). 20 (6) MANUFACTURER.—The term ‘‘manufac- 21 turer’’ means a person who manufactures, com- 22 pounds, converts, processes, prepares, or packages 23 cannabis or cannabis products. 24 VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6602 IH (7) PRODUCER.—The term ‘‘producer’’ means a 1 person who plants, cultivates, harvests, or in any 2 way facilitates the natural growth of cannabis. 3 (8) SERVICE PROVIDER.—The term ‘‘service 4 provider’’— 5 (A) means a business, organization, or 6 other person that— 7 (i) sells goods or services to a can- 8 nabis-related legitimate business; or 9 (ii) provides any business services, in- 10 cluding the sale or lease of real or any 11 other property, legal or other licensed serv- 12 ices, or any other ancillary service, relating 13 to cannabis; and 14 (B) does not include a business, organiza- 15 tion, or other person that participates in any 16 business or organized activity that involves han- 17 dling cannabis or cannabis products, including 18 cultivating, producing, manufacturing, selling, 19 transporting, displaying, dispensing, distrib- 20 uting, or purchasing cannabis or cannabis prod- 21 ucts. 22 (9) STATE.—The term ‘‘State’’ means each of 23 the several States, the District of Columbia, Puerto 24 VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6602 IH Rico, and any territory or possession of the United 1 States. 2 Æ VerDate Sep 11 2014 01:54 Apr 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6602.IH H6602 pamtmann on DSKBC07HB2PROD with BILLS