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S. 4689, Small Business Disaster Relief Equity Act of 2020

Summary

S. 4689, the Small Business Disaster Relief Equity Act of 2020, was introduced in the Senate on September 24, 2020, by Wyden with Merkley and referred to the Committee on Finance. It provides disaster assistance to cannabis businesses. Disaster assistance is defined as any service, grant, loan (including loan forgiveness), tax credit, tax deduction, or other assistance made available in connection with a federally declared disaster or listed COVID-19 relief laws. The head of each agency that administers disaster assistance is to allow State-legal cannabis businesses, to the greatest extent practicable, to retroactively apply.

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Issuer
Congressional materials
Document type
Bills Bills 116S4689Is Bills 116S4689Is
Case
Bills Bills 116S4689Is Bills 116S4689Is

Cite this document

“S. 4689, Small Business Disaster Relief Equity Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4689is-bills-116s4689is/, SHA-256 dd3f53881030aaa867e08136c6485c6ab92b3cf03c707206f7965d914f84b581.

Full text

                                                                                                                                                                               II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                               S. 4689
                                                                                          To provide disaster assistance to cannabis businesses.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                   SEPTEMBER 24, 2020
                                                                           Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                 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-




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                                                                       24                         sion, distribution, dispensation, administration,
                                                                       25                         or delivery of cannabis; and


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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




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                                                                       24                ASSISTANCE.—Notwithstanding                                 any other provision
                                                                       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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