8(d)(3)(C) of the Small Business Act (15 U.S.C. 
637(d)(3)(C)) that operate in the cannabis industry. 
(2) EQUITABLE LICENSING GRANT PROGRAM.— 
The Administrator of the Small Business Adminis-
tration shall establish and carry out a grant pro-
gram, to be known as the ‘‘Equitable Licensing 
Grant Program’’, to provide any eligible State of lo-
cality funds to develop and implement equitable can-
nabis licensing programs that minimize barriers to 
cannabis licensing and employment for individuals 
most adversely impacted by the War on Drugs, pro-
vided that each grantee includes in its cannabis li-
censing program at least four of the following: 
(A) A waiver of cannabis license applica-
tion fees for individuals who have had an in-
come below 250 percent of the Federal Poverty 
Level for at least 5 of the past 10 years who 
are first-time applicants. 
(B) A prohibition on the denial of a can-
nabis license based on a conviction for a can-
nabis offense that took place prior to State le-
galization of cannabis or the date of enactment 
of this Act, as appropriate. 
(C) A prohibition on criminal conviction re-
strictions for licensing except with respect to a 
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conviction related to owning and operating a 
business. 
(D) A prohibition on cannabis license hold-
ers engaging in suspicionless cannabis drug 
testing of their prospective or current employ-
ees, except with respect to drug testing for safe-
ty-sensitive positions, as defined under the Om-
nibus Transportation Testing Act of 1991. 
(E) The establishment of a cannabis li-
censing board that is reflective of the racial, 
ethnic, economic, and gender composition of the 
State or locality, to serve as an oversight body 
of the equitable licensing program. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘individual most adversely 
impacted by the War on Drugs’’ means an indi-
vidual— 
(i) who has had an income below 250 
percent of the Federal Poverty Level for at 
least 5 of the past 10 years; and 
(ii) has been arrested for or convicted 
of the sale, possession, use, manufacture, 
or cultivation of cannabis or a controlled 
substance (except for a conviction involving 
distribution to a minor), or whose parent, 
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sibling, spouse, or child has been arrested 
for or convicted of such an offense. 
(B) The term ‘‘eligible State or locality’’ 
means a State or locality that has taken steps 
to— 
(i) create an automatic process, at no 
cost 
to 
the 
individual, 
for 
the 
expungement, destruction, or sealing of 
criminal records for cannabis offenses; and 
(ii) eliminate violations or other pen-
alties for persons under parole, probation, 
pre-trial, or other State or local criminal 
supervision for a cannabis offense. 
(C) The term ‘‘State’’ means each of the 
several States, the District of Columbia, Puerto 
Rico, any territory or possession of the United 
States, and any Indian Tribe (as defined in sec-
tion 201 of Public Law 90–294 (25 U.S.C. 
1301) (commonly known as the ‘‘Indian Civil 
Rights Act of 1968’’)). 
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SEC. 6. AVAILABILITY OF SMALL BUSINESS ADMINISTRA-
TION PROGRAMS AND SERVICES TO CAN-
NABIS-RELATED 
LEGITIMATE 
BUSINESSES 
AND SERVICE PROVIDERS. 
(a) DEFINITIONS RELATING TO CANNABIS-RELATED 
LEGITIMATE BUSINESSES AND SERVICE PROVIDERS.— 
Section 3 of the Small Business Act (15 U.S.C. 632) is 
amended by adding at the end the following new sub-
section: 
‘‘(ff) CANNABIS-RELATED LEGITIMATE BUSINESSES 
AND SERVICE PROVIDERS.—In this Act: 
‘‘(1) CANNABIS.—The term ‘cannabis’— 
‘‘(A) means all parts of the plant Cannabis 
sativa L., whether growing or not; the seeds 
thereof; the resin extracted from any part of 
such plant; and every compound, manufacture, 
salt, derivative, mixture, or preparation of such 
plant, its seeds or resin; and 
‘‘(B) does not include— 
‘‘(i) hemp, as defined in section 297A 
of the Agricultural Marketing Act of 1946; 
or 
‘‘(ii) the mature stalks of such plant, 
fiber produced from such stalks, oil or cake 
made from the seeds of such plant, any 
other compound, manufacture, salt, deriva-
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tive, mixture, or preparation of such ma-
ture stalks (except the resin extracted 
therefrom), fiber, oil, or cake, or the steri-
lized seed of such plant which is incapable 
of germination. 
‘‘(2) CANNABIS-RELATED
LEGITIMATE
BUSI-
NESS.—The term ‘cannabis-related legitimate busi-
ness’ means a manufacturer, producer, or any per-
son or company that is a small business concern and 
that— 
‘‘(A) engages in any activity described in 
subparagraph (B) pursuant to a law established 
by a State or a political subdivision of a State, 
as determined by such State or political sub-di-
vision; and 
‘‘(B) participates in any business or orga-
nized activity that involves handling cannabis or 
cannabis products, including cultivating, pro-
ducing, manufacturing, selling, transporting, 
displaying, dispensing, distributing, or pur-
chasing cannabis or cannabis products. 
‘‘(3) SERVICE
PROVIDER.—The term ‘service 
provider’— 
‘‘(A) means a business, organization, or 
other person that— 
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‘‘(i) sells goods or services to a can-
nabis-related legitimate business; or 
‘‘(ii) provides any business services, 
including the sale or lease of real or any 
other property, legal or other licensed serv-
ices, or any other ancillary service, relating 
to cannabis; and 
‘‘(B) does not include a business, organiza-
tion, or other person that participates in any 
business or organized activity that involves han-
dling cannabis or cannabis products, including 
cultivating, producing, manufacturing, selling, 
transporting, displaying, dispensing, distrib-
uting, or purchasing cannabis or cannabis prod-
ucts.’’. 
(b) SMALL BUSINESS DEVELOPMENT CENTERS.— 
Section 21(c) of the Small Business Act (15 U.S.C. 
648(c)) is amended by adding at the end the following new 
paragraph: 
‘‘(9) SERVICES
FOR
CANNABIS-RELATED
LE-
GITIMATE BUSINESSES AND SERVICE PROVIDERS.— 
A small business development center may not decline 
to provide services to an otherwise eligible small 
business concern under this section solely because 
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‘‘(14) ASSISTANCE TO CANNABIS-RELATED LE-
GITIMATE BUSINESSES AND SERVICE PROVIDERS.— 
An eligible intermediary may not decline to provide 
assistance under this subsection to an otherwise eli-
gible borrower solely because such borrower is a can-
nabis-related legitimate business or service pro-
vider.’’. 
(i) STATE
OR
LOCAL
DEVELOPMENT
COMPANY 
LOANS.—Title V of the Small Business Investment Act 
of 1958 (15 U.S.C. 695 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 511. LOANS TO CANNABIS-RELATED LEGITIMATE 
BUSINESSES AND SERVICE PROVIDERS. 
‘‘The Administrator may not decline to provide a 
guarantee for a loan under this title to an otherwise eligi-
ble State or local development company solely because 
such State or local development company provides financ-
ing to an entity that is a cannabis-related legitimate busi-
ness or service provider (as defined in section 3(ff) of the 
Small Business Act).’’. 
SEC. 7. NO DISCRIMINATION IN THE PROVISION OF A FED-
ERAL PUBLIC BENEFIT ON THE BASIS OF 
CANNABIS. 
(a) IN GENERAL.—No person may be denied any 
Federal public benefit (as such term is defined in section 
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401(c) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1611(c))) on 
the basis of any use or possession of cannabis, or on the 
basis of a conviction or adjudication of juvenile delin-
quency for a cannabis offense, by that person. 
(b) SECURITY CLEARANCES.—Federal agencies may 
not use past or present cannabis or marijuana use as cri-
teria for granting, denying, or rescinding a security clear-
ance. 
SEC. 8. NO ADVERSE EFFECT FOR PURPOSES OF THE IMMI-
GRATION LAWS. 
(a) IN GENERAL.—For purposes of the immigration 
laws (as such term is defined in section 101 of the Immi-
gration and Nationality Act), cannabis may not be consid-
ered a controlled substance, and an alien may not be de-
nied any benefit or protection under the immigration laws 
based on any event, including conduct, a finding, an ad-
mission, addiction or abuse, an arrest, a juvenile adjudica-
tion, or a conviction, relating to cannabis, regardless of 
whether the event occurred before, on, or after the effec-
tive date of this Act. 
(b) CANNABIS DEFINED.—The term ‘‘cannabis’’— 
(1) means all parts of the plant Cannabis sativa 
L., whether growing or not; the seeds thereof; the 
resin extracted from any part of such plant; and 
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every compound, manufacture, salt, derivative, mix-
ture, or preparation of such plant, its seeds or resin; 
and 
(2) does not include— 
(A) hemp, as defined in section 297A of 
the Agricultural Marketing Act of 1946; or 
(B) the mature stalks of such plant, fiber 
produced from such stalks, oil or cake made 
from the seeds of such plant, any other com-
pound, manufacture, salt, derivative, mixture, 
or preparation of such mature stalks (except 
the resin extracted therefrom), fiber, oil, or 
cake, or the sterilized seed of such plant which 
is incapable of germination. 
(c) CONFORMING AMENDMENTS
TO IMMIGRATION 
AND NATIONALITY ACT.—The Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 212(h), by striking ‘‘and subpara-
graph (A)(i)(II) of such subsection insofar as it re-
lates to a single offense of simple possession of 30 
grams or less of marijuana’’; 
(2) in section 237(a)(2)(B)(i), by striking 
‘‘other than a single offense involving possession for 
one’s own use of 30 grams or less of marijuana’’; 
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(3) in section 101(f)(3), by striking ‘‘(except as 
such paragraph relates to a single offense of simple 
possession of 30 grams or less of marihuana)’’; 
(4) in section 244(c)(2)(A)(iii)(II) by striking 
‘‘except for so much of such paragraph as relates to 
a single offense of simple possession of 30 grams or 
less of marijuana’’; 
(5) in section 245(h)(2)(B) by striking ‘‘(except 
for so much of such paragraph as related to a single 
offense of simple possession of 30 grams or less of 
marijuana)’’; 
(6) in section 210(c)(2)(B)(ii)(III) by striking 
‘‘, except for so much of such paragraph as relates 
to a single offense of simple possession of 30 grams 
or less of marihuana’’; and 
(7) in section 245A(d)(2)(B)(ii)(II) by striking 
‘‘, except for so much of such paragraph as relates 
to a single offense of simple possession of 30 grams 
or less of marihuana’’. 
SEC. 9. RESENTENCING AND EXPUNGEMENT. 
(a) EXPUNGEMENT
OF FEDERAL CANNABIS OF-
FENSE CONVICTIONS FOR INDIVIDUALS NOT UNDER A 
CRIMINAL JUSTICE SENTENCE.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, each Federal 
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district shall conduct a comprehensive review and 
issue an order expunging each conviction or adju-
dication of juvenile delinquency for a Federal can-
nabis offense entered by each Federal court in the 
district before the date of enactment of this Act and 
on or after May 1, 1971. Each Federal court shall 
also issue an order expunging any arrests associated 
with each expunged conviction or adjudication of ju-
venile delinquency. 
(2) NOTIFICATION.—To the extent practicable, 
each Federal district shall notify each individual 
whose arrest, conviction, or adjudication of delin-
quency has been expunged pursuant to this sub-
section that their arrest, conviction, or adjudication 
of juvenile delinquency has been expunged, and the 
effect of such expungement. 
(3) 
RIGHT
TO
PETITION
COURT
FOR 
EXPUNGEMENT.—At any point after the date of en-
actment of this Act, any individual with a prior con-
viction or adjudication of juvenile delinquency for a 
Federal cannabis offense, who is not under a crimi-
nal justice sentence, may file a motion for 
expungement. If the expungement of such a convic-
tion or adjudication of juvenile delinquency is re-
quired pursuant to this Act, the court shall expunge 
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the conviction or adjudication, and any associated 
arrests. If the individual is indigent, counsel shall be 
appointed to represent the individual in any pro-
ceedings under this subsection. 
(4) SEALED RECORD.—The court shall seal all 
records related to a conviction or adjudication of ju-
venile delinquency that has been expunged under 
this subsection. Such records may only be made 
available by further order of the court. 
(b) SENTENCING REVIEW FOR INDIVIDUALS UNDER 
A CRIMINAL JUSTICE SENTENCE.— 
(1) IN GENERAL.—For any individual who is 
under a criminal justice sentence for a Federal can-
nabis offense, the court that imposed the sentence 
shall, on motion of the individual, the Director of 
the Bureau of Prisons, the attorney for the Govern-
ment, or the court, conduct a sentencing review 
hearing. If the individual is indigent, counsel shall 
be appointed to represent the individual in any sen-
tencing review proceedings under this subsection. 
(2) POTENTIAL
REDUCED
RESENTENCING.— 
After a sentencing hearing under paragraph (1), a 
court shall— 
(A) expunge each conviction or adjudica-
tion of juvenile delinquency for a Federal can-
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(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Federal cannabis offense’’ means 
an offense that is no longer punishable pursuant to 
this Act or the amendments made under this Act. 
(2) The term ‘‘expunge’’ means, with respect to 
an arrest, a conviction, or a juvenile delinquency ad-
judication, the removal of the record of such arrest, 
conviction, or adjudication from each official index 
or public record. 
(3) The term ‘‘under a criminal justice sen-
tence’’ means, with respect to an individual, that the 
individual is serving a term of probation, parole, su-
pervised release, imprisonment, official detention, 
pre-release custody, or work release, pursuant to a 
sentence or disposition of juvenile delinquency im-
posed on or after the effective date of the Controlled 
Substances Act (May 1, 1971). 
SEC. 10. REFERENCES IN EXISTING LAW TO MARIJUANA OR 
MARIHUANA. 
Wherever, in the statutes of the United States or in 
the rulings, regulations, or interpretations of various ad-
ministrative bureaus and agencies of the United States— 
(1) there appears or may appear the term 
‘‘marihuana’’ or ‘‘marijuana’’, that term shall be 
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struck and the term ‘‘cannabis’’ shall be inserted; 
and 
(2) there appears or may appear the term 
‘‘Marihuana’’ or ‘‘Marijuana’’, that term shall be 
struck and the term ‘‘Cannabis’’ shall be inserted. 
SEC. 11. SEVERABILITY. 
If any provision of this Act or an amendment made 
by this Act, or any application of such provision to any 
person or circumstance, is held to be unconstitutional, the 
remainder of this Act, the amendments made by this Act, 
and the application of this Act and the amendments made 
by this Act to any other person or circumstance shall not 
be affected. 
SEC. 12. CANNABIS OFFENSE DEFINED. 
For purposes of this Act, the term ‘‘cannabis offense’’ 
means a criminal offense related to cannabis— 
(1) that, under Federal law, is no longer pun-
ishable pursuant to this Act or the amendments 
made under this Act; or 
(2) that, under State law, is no longer an of-
fense or that was designated a lesser offense or for 
which the penalty was reduced under State law pur-
suant to or following the adoption of a State law au-
thorizing the sale or use of cannabis. 
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SEC. 13. RULEMAKING. 
Unless otherwise provided in this Act, not later than 
1 year after the date of enactment of this Act, the Depart-
ment of the Treasury, the Department of Justice, and the 
Small Business Administration shall issue or amend any 
rules, standard operating procedures, and other legal or 
policy guidance necessary to carry out implementation of 
this Act. After the 1-year period, any publicly issued sub- 
regulatory guidance, including any compliance guides, 
manuals, advisories and notices, may not be issued with-
out 60-day notice to appropriate congressional commit-
tees. Notice shall include a description and justification 
for additional guidance. 
Æ 
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