Title: Emergency Cannabis Small Business Health and Safety Act
Policy area: Commerce

Summary:
Emergency Cannabis Small Business Health and Safety Act
This bill makes a cannabis-related legitimate business or service provider eligible for specified Small Business Administration (SBA) programs established in response to COVID-19 (i.e., coronavirus disease 2019), and it exempts the SBA from liability under federal laws or regulations solely for providing a loan or guarantee to such a business or service provider.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6602 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6602

To provide assistance under programs relating to COVID-19 of the Small 
   Business Administration to cannabis businesses and their service 
                   providers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2020

   Mr. Blumenauer (for himself, Mr. Perlmutter, Mr. Crow, Ms. Lee of 
  California, Mr. DeFazio, Ms. Schakowsky, Ms. Tlaib, Mr. Young, Ms. 
Norton, Mr. Neguse, Ms. Haaland, Ms. DeGette, Mr. Huffman, Ms. DelBene, 
  Ms. Porter, Ms. Jayapal, and Ms. Gabbard) introduced the following 
      bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
To provide assistance under programs relating to COVID-19 of the Small 
   Business Administration to cannabis businesses and their service 
                   providers, 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 ``Emergency Cannabis Small Business 
Health and Safety Act''.

SEC. 2. ELIGIBILITY FOR THE PAYCHECK PROTECTION PROGRAM.

    Notwithstanding any other provision of law, a business shall not be 
ineligible for assistance under section 7(a)(36) of the Small Business 
Act (15 U.S.C. 636(a)(36)) on the basis that the business is a 
cannabis-related legitimate business or a service provider.

SEC. 3. ELIGIBILITY FOR ECONOMIC INJURY DISASTER LOANS.

    Notwithstanding any other provision of law, a business shall not be 
ineligible for assistance under section 7(b)(2) of the Small Business 
Act (15 U.S.C. 636(b)(2)) on the basis that the business is a cannabis-
related legitimate business or a service provider.

SEC. 4. ELIGIBILITY FOR ECONOMIC INJURY DISASTER LOANS EMERGENCY 
              GRANTS.

    Notwithstanding any other provision of law, a business shall not be 
ineligible for emergency EIDL grants under section 1110 of the CARES 
Act (Public Law 116-136) on the basis that the business is a cannabis-
related legitimate business or service provider.

SEC. 5. RULE FOR THE SMALL BUSINESS ADMINISTRATION AND ITS EMPLOYEES.

    With respect to providing a loan, emergency advance, or loan 
guarantee to a cannabis-related legitimate business or service provider 
within a State, political subdivision of a State, or Indian country 
that allows the cultivation, production, manufacture, sale, 
transportation, display, dispensing, distribution, or purchase of 
cannabis pursuant to a law or regulation of such State, political 
subdivision, or Indian Tribe that has jurisdiction over the Indian 
country, as applicable, the Small Business Administration and the 
officers, directors, and employees of the Small Business 
Administration, may not be held liable pursuant to any Federal law or 
regulation solely for providing a loan or a loan guarantee to a 
cannabis-related legitimate business or a service provider in carrying 
out the Families First Coronavirus Response Act (Public Law 116-127) or 
the CARES Act (Public Law 116-136).

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Cannabis.--The term ``cannabis'' has the meaning given 
        the term ``marihuana'' in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (2) Cannabis product.--The term ``cannabis product'' means 
        any article which contains cannabis, including an article which 
        is a concentrate, an edible, a tincture, a cannabis-infused 
        product, or a topical.
            (3) Cannabis-related legitimate business.--The term 
        ``cannabis-related legitimate business'' means a manufacturer, 
        producer, or any person 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 subdivision; and
                    (B) participates in any business or organized 
                activity that involves handling cannabis or cannabis 
                products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (4) Indian country.--The term ``Indian country'' has the 
        meaning given that term in section 1151 of title 18, United 
        States Code.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given that term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (6) Manufacturer.--The term ``manufacturer'' means a person 
        who manufactures, compounds, converts, processes, prepares, or 
        packages cannabis or cannabis products.
            (7) Producer.--The term ``producer'' means a person who 
        plants, cultivates, harvests, or in any way facilitates the 
        natural growth of cannabis.
            (8) Service provider.--The term ``service provider''--
                    (A) means a business, organization, or other person 
                that--
                            (i) sells goods or services to a cannabis-
                        related legitimate business; or
                            (ii) provides any business services, 
                        including the sale or lease of real or any 
                        other property, legal or other licensed 
                        services, or any other ancillary service, 
                        relating to cannabis; and
                    (B) does not include a business, organization, or 
                other person that participates in any business or 
                organized activity that involves handling cannabis or 
                cannabis products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (9) State.--The term ``State'' means each of the several 
        States, the District of Columbia, Puerto Rico, and any 
        territory or possession of the United States.
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