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 Representa2 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 Dis5 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). 

11 (2) DISASTER ASSISTANCE.—The term ‘‘dis12 aster assistance’’ means any service, grant, loan (inVerDate Sep 11 2014 03:14 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4689.IS S4689

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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 (Pub7 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 per20 son that— 

21 (A) participates in any business or orga22 nized activity that involves handling cannabis, 

23 including the manufacture, production, posses24 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 gov3 ernment, or an Indian Tribe that has jurisdic4 tion over the Indian country in which the activ5 ity occurs. 

6 (b) ELIGIBILITY.—Notwithstanding any other provi7 sion of law, a State-legal cannabis business shall not be 

8 denied disaster assistance administered by a Federal agen9 cy solely because the business is involved in the manufac10 ture, production, possession, distribution, dispensation, 

11 administration, or delivery of cannabis. 

12 (c) APPLICATION.— 

13 (1) IN GENERAL.—In the case of disaster as14 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 sub22 section (a)(2)(B). 

23 (3) RETROACTIVE APPLICATION FOR DISASTER

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 assist2 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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