I
117th CONGRESS
1st Session
H. R. 2712
IN THE HOUSE OF REPRESENTATIVES
April 20, 2021
Ms. Velázquez (for herself, Mr. Evans, Ms. Newman, Mr. Blumenauer, and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committees on Energy and Commerce, the Judiciary, Natural Resources, and Agriculture, 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.
Short title
This Act may be cited as the Ensuring Safe Capital Access for All Small Businesses Act of 2021
.
Decriminalization of cannabis
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—
by striking paragraph (10) (relating to marihuana); and
by striking paragraph (17) (relating to terahydrocannabinols).
Conforming amendments to Controlled Substances Act
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102(44) (21 U.S.C. 802(44)), by striking marihuana,
;
in section 401(b) (21 U.S.C. 841(b))—
in paragraph (1)—
in subparagraph (A)—
in clause (vi), by inserting or
after the semicolon;
by striking (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (B)—
in clause (vi), by inserting or
after the semicolon;
by striking clause (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D)
and inserting subparagraphs (A) and (B)
;
by striking subparagraph (D);
by redesignating subparagraph (E) as subparagraph (D); and
in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D)
and inserting subparagraph (C)
;
by striking paragraph (4); and
by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking marihuana,
;
in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking marihuana,
;
in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
in section 422(d) (21 U.S.C. 863(d))—
in the matter preceding paragraph (1), by striking marijuana,
; and
in paragraph (5), by striking , such as a marihuana cigarette,
; and
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)
.
Other conforming amendments
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—
in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other
;
in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other
; and
in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other
.
Interception of communications
Section 2516 of title 18, United States Code, is amended—
in subsection (1)(e), by striking , marihuana,
; and
in subsection (2) by striking marihuana
.
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:
Loans to cannabis-related legitimate businesses and service providers
In general
The Administrator may not decline to provide a guarantee for a loan under this subsection, and a lender may not decline to make a loan made under this subsection, to an otherwise eligible small business concern solely because such concern is a cannabis-related legitimate business or service provider.
Definitions
In this paragraph:
Cannabis
The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act.
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.
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—
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
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.
Manufacturer
The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.
Producer
The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.
Service provider
The term service provider—
means a business, organization, or other person that—
sells goods or services to a cannabis-related legitimate business; or
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
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.
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.
.
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:
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)(38)).
.
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:
Assistance to cannabis-related legitimate businesses and service providers
The Administrator may not decline to make a loan or a grant under this subsection, and an eligible intermediary may not decline to provide assistance under this subsection to an otherwise eligible borrower, eligible intermediary, or eligible nonprofit entity (as applicable) solely because such borrower, intermediary, or nonprofit entity is a cannabis-related legitimate business or service provider (as defined in subsection (a)(38)).
.
Small business investment company debentures to finance cannabis-related legitimate businesses and service providers
Part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following new section:
Debentures to finance cannabis-related legitimate businesses and service providers
Guarantees
The Administrator may not decline to purchase or guarantee a debenture made under this title to an otherwise eligible small business investment company solely because such small business investment company provides financing to an entity that is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38) of the Small Business Act).
Other assistance
A small business investment company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because such small business concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38) of the Small Business Act).
.
State or local development company loans to finance 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:
Loans to finance cannabis-related legitimate businesses and service providers
Loans and loan guarantees
The Administrator may not decline to make or provide a guarantee for a loan under this title to an otherwise eligible qualified State or local development company solely because such qualified 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)(38) of the Small Business Act).
Other assistance
A qualified State or local development company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because such small business concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38) of the Small Business Act).
.
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.