Text: H.R.3544 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (06/27/2019)


116th CONGRESS
1st Session
H. R. 3544


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


IN THE HOUSE OF REPRESENTATIVES

June 27, 2019

Mr. Evans introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Agriculture, Natural Resources, and Small Business, 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 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 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. Equitable Licensing Grant Program.

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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