[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3540 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3540
To ensure that certain loan programs of the Small Business
Administration are made available to cannabis-related legitimate
businesses and service providers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2019
Ms. Velazquez introduced the following bill; which was referred to the
Committee on Small Business, and in addition to the Committees on
Energy and Commerce, Natural Resources, Agriculture, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To ensure that certain loan programs of the Small Business
Administration are made available to cannabis-related legitimate
businesses and 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 ``Ensuring Safe Capital Access for All
Small Businesses Act of 2019''.
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. 7(A) LOANS TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND
SERVICE PROVIDERS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following new paragraph:
``(36) Loans to cannabis-related legitimate businesses and
service providers.--
``(A) In general.--The Administrator may not
decline to provide a guarantee for a loan under this
subsection to an otherwise eligible small business
concern solely because such concern is a cannabis-
related legitimate business or service provider.
``(B) Definitions.--In this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act.
``(ii) 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.
``(iii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' means a manufacturer,
producer, or any person or company that is a
small business concern and that--
``(I) engages in any activity
described in subclause (II) pursuant to
a law established by a State or a
political subdivision of a State, as
determined by such State or political
subdivision; and
``(II) 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.
``(iv) Manufacturer.--The term
`manufacturer' means a person who manufactures,
compounds, converts, processes, prepares, or
packages cannabis or cannabis products.
``(v) Producer.--The term `producer' means
a person who plants, cultivates, harvests, or
in any way facilitates the natural growth of
cannabis.
``(vi) Service provider.--The term `service
provider'--
``(I) means a business,
organization, or other person that--
``(aa) sells goods or
services to a cannabis-related
legitimate business; or
``(bb) 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
``(II) 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.
``(vii) 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.''.
SEC. 4. DISASTER LOANS TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND
SERVICE PROVIDERS.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting after paragraph (15) the following new paragraph:
``(16) Assistance to cannabis-related legitimate businesses
and service providers.--The Administrator may not decline to
provide assistance under this subsection to an otherwise
eligible borrower solely because such borrower is a cannabis-
related legitimate business or service provider (as defined in
subsection (a)(36)).''.
SEC. 5. MICROLOANS TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND
SERVICE PROVIDERS.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)(13)) is
amended by adding at the end the following new paragraph:
``(14) Assistance to cannabis-related legitimate businesses
and service providers.--An eligible intermediary may not
decline to provide assistance under this subsection to an
otherwise eligible borrower solely because such borrower is a
cannabis-related legitimate business or service provider (as
defined in subsection (a)(36)).''.
SEC. 6. STATE OR LOCAL DEVELOPMENT COMPANY LOANS TO CANNABIS-RELATED
LEGITIMATE BUSINESSES AND SERVICE PROVIDERS.
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 eligible State or local
development company solely because such State or local development
company provides financing to an entity that is a cannabis-related
legitimate business or service provider (as defined in section 7(a)(36)
of the Small Business Act).''.
SEC. 7. RULEMAKING.
Not later than 120 days after the date of the enactment of this
Act, the Administrator of the Small Business Administration shall issue
or amend any rules, standard operating procedures, other legal or
policy guidance necessary to carry out the requirements of this Act and
the amendments made by this Act.
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