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H.R. 6602 (116th Congress) — To provide assistance relating to COVID–19 to cannabis businesses

Summary

H.R. 6602 is a bill introduced in the House of Representatives on April 23, 2020 by Mr. Blumenauer. Its stated purpose is to provide assistance under programs relating to COVID–19 of the Small Business Administration to cannabis businesses and their service providers, and for other purposes. Section 2 provides that, notwithstanding any other provision of law, a business shall not be ineligible for assistance under section 7(a)(36) of the Small Business Act on the basis that the business is a cannabis-related legitimate business or a service provider. Section 3 is titled Eligibility for Economic Injury Disaster Loans.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6602Ih Bills 116Hr6602Ih
Case
Bills Bills 116Hr6602Ih Bills 116Hr6602Ih

Cite this document

“H.R. 6602 (116th Congress) — To provide assistance relating to COVID–19 to cannabis businesses.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6602ih-bills-116hr6602ih/, SHA-256 4d2b1d1249b7e19900b16c98e3b38504c011ca9defda08f5a119aaaf8de6ea39.

Full text

                                                                                                                                                                          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.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4               This Act may be cited as the ‘‘Emergency Cannabis




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                                                                         5 Small Business Health and Safety Act’’.




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                                                                         1     SEC. 2. ELIGIBILITY FOR THE PAYCHECK PROTECTION

                                                                         2                             PROGRAM.

                                                                         3               Notwithstanding any other provision of law, a busi-
                                                                         4 ness shall not be ineligible for assistance under section
                                                                         5 7(a)(36) of the Small Business Act (15 U.S.C.
                                                                         6 636(a)(36)) on the basis that the business is a cannabis-
                                                                         7 related legitimate business or a service provider.
                                                                         8     SEC. 3. ELIGIBILITY FOR ECONOMIC INJURY DISASTER

                                                                         9                             LOANS.

                                                                       10                Notwithstanding any other provision of law, a busi-
                                                                       11 ness shall not be ineligible for assistance under section
                                                                       12 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))
                                                                       13 on the basis that the business is a cannabis-related legiti-
                                                                       14 mate business or a service provider.
                                                                       15      SEC. 4. ELIGIBILITY FOR ECONOMIC INJURY DISASTER

                                                                       16                              LOANS EMERGENCY GRANTS.

                                                                       17                Notwithstanding any other provision of law, a busi-
                                                                       18 ness shall not be ineligible for emergency EIDL grants
                                                                       19 under section 1110 of the CARES Act (Public Law 116–
                                                                       20 136) on the basis that the business is a cannabis-related
                                                                       21 legitimate business or service provider.
                                                                       22      SEC. 5. RULE FOR THE SMALL BUSINESS ADMINISTRATION

                                                                       23                              AND ITS EMPLOYEES.

                                                                       24                With respect to providing a loan, emergency advance,




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                                                                       25 or loan guarantee to a cannabis-related legitimate business
                                                                       26 or service provider within a State, political subdivision of
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                                                                         1 a State, or Indian country that allows the cultivation, pro-
                                                                         2 duction, manufacture, sale, transportation, display, dis-
                                                                         3 pensing, distribution, or purchase of cannabis pursuant to
                                                                         4 a law or regulation of such State, political subdivision, or
                                                                         5 Indian Tribe that has jurisdiction over the Indian country,
                                                                         6 as applicable, the Small Business Administration and the
                                                                         7 officers, directors, and employees of the Small Business
                                                                         8 Administration, may not be held liable pursuant to any
                                                                         9 Federal law or regulation solely for providing a loan or
                                                                       10 a loan guarantee to a cannabis-related legitimate business
                                                                       11 or a service provider in carrying out the Families First
                                                                       12 Coronavirus Response Act (Public Law 116–127) or the
                                                                       13 CARES Act (Public Law 116–136).
                                                                       14      SEC. 6. DEFINITIONS.

                                                                       15                In this Act:
                                                                       16                         (1) CANNABIS.—The term ‘‘cannabis’’ has the
                                                                       17                meaning given the term ‘‘marihuana’’ in section 102
                                                                       18                of the Controlled Substances Act (21 U.S.C. 802).
                                                                       19                         (2) CANNABIS PRODUCT.—The term ‘‘cannabis
                                                                       20                product’’ means any article which contains cannabis,
                                                                       21                including an article which is a concentrate, an edi-
                                                                       22                ble, a tincture, a cannabis-infused product, or a top-
                                                                       23                ical.




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                                                                       24                         (3)       CANNABIS-RELATED                          LEGITIMATE          BUSI-

                                                                       25                NESS.—The term ‘‘cannabis-related legitimate busi-



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                                                                         1               ness’’ means a manufacturer, producer, or any per-
                                                                         2               son that—
                                                                         3                                 (A) engages in any activity described in
                                                                         4                        subparagraph (B) pursuant to a law established
                                                                         5                        by a State or a political subdivision of a State,
                                                                         6                        as determined by such State or political subdivi-
                                                                         7                        sion; and
                                                                         8                                 (B) participates in any business or orga-
                                                                         9                        nized activity that involves handling cannabis or
                                                                       10                         cannabis products, including cultivating, pro-
                                                                       11                         ducing, manufacturing, selling, transporting,
                                                                       12                         displaying, dispensing, distributing, or pur-
                                                                       13                         chasing cannabis or cannabis products.
                                                                       14                         (4) INDIAN COUNTRY.—The term ‘‘Indian coun-
                                                                       15                try’’ has the meaning given that term in section
                                                                       16                1151 of title 18, United States Code.
                                                                       17                         (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
                                                                       18                has the meaning given that term in section 102 of
                                                                       19                the Federally Recognized Indian Tribe List Act of
                                                                       20                1994 (25 U.S.C. 479a).
                                                                       21                         (6) MANUFACTURER.—The term ‘‘manufac-
                                                                       22                turer’’ means a person who manufactures, com-
                                                                       23                pounds, converts, processes, prepares, or packages




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                                                                       24                cannabis or cannabis products.




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                                                                         1                        (7) PRODUCER.—The term ‘‘producer’’ means a
                                                                         2               person who plants, cultivates, harvests, or in any
                                                                         3               way facilitates the natural growth of cannabis.
                                                                         4                        (8) SERVICE                PROVIDER.—The                        term ‘‘service
                                                                         5               provider’’—
                                                                         6                                 (A) means a business, organization, or
                                                                         7                        other person that—
                                                                         8                                         (i) sells goods or services to a can-
                                                                         9                                 nabis-related legitimate business; or
                                                                       10                                          (ii) provides any business services, in-
                                                                       11                                  cluding the sale or lease of real or any
                                                                       12                                  other property, legal or other licensed serv-
                                                                       13                                  ices, or any other ancillary service, relating
                                                                       14                                  to cannabis; and
                                                                       15                                  (B) does not include a business, organiza-
                                                                       16                         tion, or other person that participates in any
                                                                       17                         business or organized activity that involves han-
                                                                       18                         dling cannabis or cannabis products, including
                                                                       19                         cultivating, producing, manufacturing, selling,
                                                                       20                         transporting, displaying, dispensing, distrib-
                                                                       21                         uting, or purchasing cannabis or cannabis prod-
                                                                       22                         ucts.
                                                                       23                         (9) STATE.—The term ‘‘State’’ means each of




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                                                                       24                the several States, the District of Columbia, Puerto




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                                                                         1               Rico, and any territory or possession of the United
                                                                         2               States.
                                                                                                                                  Æ




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