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H.R. 8370, Small Business Disaster Relief Equity Act of 2020

Summary

House bill 8370 of the 116th Congress, 2D Session, is the Small Business Disaster Relief Equity Act of 2020, a bill to provide disaster assistance to cannabis businesses. Blumenauer introduced it on September 24, 2020 with DeFazio, and it was referred to the Committee on Oversight and Reform. Disaster assistance means any service, grant, loan (including loan forgiveness), tax credit, tax deduction, or any other assistance made available in connection with a federally declared disaster or with several named laws, including the CARES Act and the Paycheck Protection Program Flexibility Act of 2020. The head of each agency that administers disaster assistance shall, to the greatest extent practicable, allow State-legal cannabis businesses to retroactively apply for it.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8370Ih Bills 116Hr8370Ih
Case
Bills Bills 116Hr8370Ih Bills 116Hr8370Ih

Cite this document

“H.R. 8370, Small Business Disaster Relief Equity Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8370ih-bills-116hr8370ih/, SHA-256 0003ce2cc960f839bfb89fc6f1eb50bca8bf6c6523278af78a244af8b01b176c.

Full text

                                                                                                                                                                                I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 8370
                                                                                          To provide disaster assistance to cannabis businesses.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      SEPTEMBER 24, 2020
                                                                          Mr. BLUMENAUER (for himself and Mr. DEFAZIO) introduced the following
                                                                              bill; which was referred to the Committee on Oversight and Reform




                                                                                                                 A BILL
                                                                               To provide disaster assistance to cannabis businesses.

                                                                         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 ‘‘Small Business Dis-
                                                                         5 aster Relief Equity Act of 2020’’.
                                                                         6     SEC. 2. ELIGIBILITY FOR FEDERAL DISASTER ASSISTANCE.

                                                                         7               (a) DEFINITIONS.—In this Act:
                                                                         8                        (1) CANNABIS.—The term ‘‘cannabis’’ has the
                                                                         9               meaning given the term ‘‘marihuana’’ in section 102
                                                                       10                of the Controlled Substances Act (21 U.S.C. 802).




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                                                                       11                         (2) DISASTER                    ASSISTANCE.—The                     term ‘‘dis-
                                                                       12                aster assistance’’ means any service, grant, loan (in-

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                                                                         1               cluding loan forgiveness), tax credit, tax deduction,
                                                                         2               or any other assistance—
                                                                         3                                 (A) made available in connection with a
                                                                         4                        federally declared disaster; or
                                                                         5                                 (B) made available in connection with the
                                                                         6                        Families First Coronavirus Response Act (Pub-
                                                                         7                        lic Law 116–127; 134 Stat. 178), the CARES
                                                                         8                        Act (Public Law 116–136; 134 Stat. 281), the
                                                                         9                        Paycheck Protection Program and Health Care
                                                                       10                         Enhancement Act (Public Law 116–139; 134
                                                                       11                         Stat. 620), the Paycheck Protection Program
                                                                       12                         Flexibility Act of 2020 (Public Law 116–142;
                                                                       13                         134 Stat. 641), or Public Law 116–147.
                                                                       14                         (3) STATE.—The term ‘‘State’’ means each of
                                                                       15                the several States, the District of Columbia, Puerto
                                                                       16                Rico, and any territory or possession of the United
                                                                       17                States.
                                                                       18                         (4) STATE-LEGAL CANNABIS BUSINESS.—The
                                                                       19                term ‘‘State-legal cannabis business’’ means any per-
                                                                       20                son that—
                                                                       21                                  (A) participates in any business or orga-
                                                                       22                         nized activity that involves handling cannabis,
                                                                       23                         including the manufacture, production, posses-
                                                                       24                         sion, distribution, dispensation, administration,



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                                                                       25                         or delivery of cannabis; and


                                                                                    •HR 8370 IH

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                                                                         1                                 (B) engages in such activity pursuant to a
                                                                         2                        law established by a State, a unit of local gov-
                                                                         3                        ernment, or an Indian Tribe that has jurisdic-
                                                                         4                        tion over the Indian country in which the activ-
                                                                         5                        ity occurs.
                                                                         6               (b) ELIGIBILITY.—Notwithstanding any other provi-
                                                                         7 sion of law, a State-legal cannabis business shall not be
                                                                         8 denied disaster assistance administered by a Federal agen-
                                                                         9 cy solely because the business is involved in the manufac-
                                                                       10 ture, production, possession, distribution, dispensation,
                                                                       11 administration, or delivery of cannabis.
                                                                       12                (c) APPLICATION.—
                                                                       13                         (1) IN GENERAL.—In the case of disaster as-
                                                                       14                sistance described in subsection (a)(2)(A), this Act
                                                                       15                shall apply to any request for disaster assistance
                                                                       16                with respect to a Federal disaster declaration issued
                                                                       17                after December 31, 2019.
                                                                       18                         (2) COVID–19 RELIEF LEGISLATION.—In the
                                                                       19                case of disaster assistance described in subsection
                                                                       20                (a)(2)(B), this Act shall apply to any request for
                                                                       21                disaster assistance under an Act described in sub-
                                                                       22                section (a)(2)(B).
                                                                       23                         (3) RETROACTIVE APPLICATION FOR DISASTER
                                                                       24                ASSISTANCE.—Notwithstanding                                 any other provision



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                                                                       25                of law or disaster assistance request deadline, the


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                                                                         1               head of each agency that administers disaster assist-
                                                                         2               ance shall, to the greatest extent practicable, allow
                                                                         3               State-legal cannabis businesses to retroactively apply
                                                                         4               for such disaster assistance.
                                                                                                                                  Æ




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