Homegrown Act of 2021
Bill: H.R.2649 | Sponsor: Rep. Evans, Dwight (D-PA)
Policy area: Crime and Law Enforcement

Summary:
Homegrown Act of 2021
This bill removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana.
Additionally, the bill requires the Small Business Administration to establish the Equitable Licensing Grant Program. The purpose of the grant program is to support the implementation of cannabis licensing programs that minimize barriers to licensing and employment for individuals adversely impacted by the war on drugs.

To decriminalize cannabis, to establish an Equitable Licensing Grant 
 Program in the Small Business Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homegrown Act of 2021''.

SEC. 2. DECRIMINALIZATION OF CANNABIS.

    (a) Cannabis Removed From Schedule of Controlled Substances.--
Subsection (c) of schedule I of section 202(c) of the Controlled 
Substances Act (21 U.S.C. 812) is amended--
            (1) by striking ``Marihuana''; and
            (2) by striking ``Tetrahydrocannabinols'',
and renumbering accordingly.
    (b) Conforming Amendments to Controlled Substances Act.--The 
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102(44) (21 U.S.C. 802(44)), by striking 
        ``marihuana,'';
            (2) in section 401(b) (21 U.S.C. 841(b))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (vi), by inserting 
                                ``or'' after the semicolon;
                                    (II) by striking (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (ii) in subparagraph (B)--
                                    (I) in clause (vi), by inserting 
                                ``or'' after the semicolon;
                                    (II) by striking clause (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (iii) in subparagraph (C), in the first 
                        sentence, by striking ``subparagraphs (A), (B), 
                        and (D)'' and inserting ``subparagraphs (A) and 
                        (B)'';
                            (iv) by striking subparagraph (D);
                            (v) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                            (vi) in subparagraph (D)(i), as so 
                        redesignated, by striking ``subparagraphs (C) 
                        and (D)'' and inserting ``subparagraph (C)'';
                    (B) by striking paragraph (4); and
                    (C) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (4), (5), and (6), respectively;
            (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by 
        striking ``marihuana,'';
            (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking 
        ``marihuana,'';
            (5) in section 418(a) (21 U.S.C. 859(a)), by striking the 
        last sentence;
            (6) in section 419(a) (21 U.S.C. 860(a)), by striking the 
        last sentence;
            (7) in section 422(d) (21 U.S.C. 863(d))--
                    (A) in the matter preceding paragraph (1), by 
                striking ``marijuana,''; and
                    (B) in paragraph (5), by striking ``, such as a 
                marihuana cigarette,''; and
            (8) in section 516(d) (21 U.S.C. 886(d)), by striking 
        ``section 401(b)(6)'' each place the term appears and inserting 
        ``section 401(b)(5)''.
    (c) Other Conforming Amendments.--
            (1) National forest system drug control act of 1986.--The 
        National Forest System Drug Control Act of 1986 (16 U.S.C. 559b 
        et seq.) is amended--
                    (A) in section 15002(a) (16 U.S.C. 559b(a)) by 
                striking ``marijuana and other'';
                    (B) in section 15003(2) (16 U.S.C. 559c(2)) by 
                striking ``marijuana and other''; and
                    (C) in section 15004(2) (16 U.S.C. 559d(2)) by 
                striking ``marijuana and other''.
            (2) Interception of communications.--Section 2516 of title 
        18, United States Code, is amended--
                    (A) in subsection (1)(e), by striking ``, 
                marihuana,''; and
                    (B) in subsection (2) by striking ``marihuana''.

SEC. 3. EQUITABLE LICENSING GRANT PROGRAM.

    The Administrator of the Small Business Administration shall 
establish and carry out a grant program to be known as the ``Equitable 
Licensing Grant Program'' to provide eligible entities funds to develop 
and implement equitable cannabis licensing programs that minimize 
barriers to cannabis licensing and employment for individuals most 
adversely impacted by the war on drugs, provided that each grantee 
includes at least four of the six of the following elements in its 
licensing program:
            (1) A waiver of cannabis license application fees for 
        individuals most adversely impacted by the war on drugs who are 
        first-time applicants.
            (2) A prohibition on the denial of a cannabis license based 
        on a conviction of a cannabis-related offense.
            (3) A prohibition on criminal conviction restrictions for 
        licensing except in instances where the conviction is relevant 
        to owning and operating a business.
            (4) A prohibition on cannabis license holders from engaging 
        in suspicion less cannabis drug testing of their prospective or 
        current employees, except in instances of drug testing for 
        safety-sensitive positions as defined by the Omnibus 
        Transportation Employee Testing Act of 1991 (Public Law 102-
        143).
            (5) The establishment of a cannabis licensing 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.
            (6) The establishment of a grant program from cannabis tax 
        revenue to support non-profit community-based organizations 
        that provide business training and technical, management, and 
        marketing assistance to individuals most adversely impacted by 
        the war on drugs who are starting, sustaining, or expanding a 
        cannabis business.
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