[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4689 Introduced in Senate (IS)]

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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.

    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 ``Small Business Disaster Relief 
Equity Act of 2020''.

SEC. 2. ELIGIBILITY FOR FEDERAL DISASTER ASSISTANCE.

    (a) 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) Disaster assistance.--The term ``disaster assistance'' 
        means any service, grant, loan (including loan forgiveness), 
        tax credit, tax deduction, or any other assistance--
                    (A) made available in connection with a federally 
                declared disaster; or
                    (B) made available in connection with the Families 
                First Coronavirus Response Act (Public Law 116-127; 134 
                Stat. 178), the CARES Act (Public Law 116-136; 134 
                Stat. 281), the Paycheck Protection Program and Health 
                Care Enhancement Act (Public Law 116-139; 134 Stat. 
                620), the Paycheck Protection Program Flexibility Act 
                of 2020 (Public Law 116-142; 134 Stat. 641), or Public 
                Law 116-147.
            (3) 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.
            (4) State-legal cannabis business.--The term ``State-legal 
        cannabis business'' means any person that--
                    (A) participates in any business or organized 
                activity that involves handling cannabis, including the 
                manufacture, production, possession, distribution, 
                dispensation, administration, or delivery of cannabis; 
                and
                    (B) engages in such activity pursuant to a law 
                established by a State, a unit of local government, or 
                an Indian Tribe that has jurisdiction over the Indian 
                country in which the activity occurs.
    (b) Eligibility.--Notwithstanding any other provision of law, a 
State-legal cannabis business shall not be denied disaster assistance 
administered by a Federal agency solely because the business is 
involved in the manufacture, production, possession, distribution, 
dispensation, administration, or delivery of cannabis.
    (c) Application.--
            (1) In general.--In the case of disaster assistance 
        described in subsection (a)(2)(A), this Act shall apply to any 
        request for disaster assistance with respect to a Federal 
        disaster declaration issued after December 31, 2019.
            (2) COVID-19 relief legislation.--In the case of disaster 
        assistance described in subsection (a)(2)(B), this Act shall 
        apply to any request for disaster assistance under an Act 
        described in subsection (a)(2)(B).
            (3) Retroactive application for disaster assistance.--
        Notwithstanding any other provision of law or disaster 
        assistance request deadline, the head of each agency that 
        administers disaster assistance shall, to the greatest extent 
        practicable, allow State-legal cannabis businesses to 
        retroactively apply for such disaster assistance.
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