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Code · BILL · 117th Congress · H.R. 3617 (Reported in House) — To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the Wa... · Sec. 6

Sec. 6. Opportunity trust fund programs

1,338 words·~6 min read·/bill/117/hr/3617/rh/section-6

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Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by inserting after section 109 the following: There is established within the Office of Justice Programs a Cannabis Justice Office. The Cannabis Justice Office shall be headed by a Director who shall be appointed by the Assistant Attorney General for the Office of Justice Programs. The Director shall report to the Assistant Attorney General for the Office of Justice Programs.
The Director shall award grants and may enter into compacts, cooperative agreements, and contracts on behalf of the Cannabis Justice Office. The Director may not engage in any employment other than that of serving as the Director, nor may the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement. The Director shall employ as many full-time employees as are needed to carry out the duties and functions of the Cannabis Justice Office under subsection (d).
Such employees shall be exclusively assigned to the Cannabis Justice Office. Not later than 6 months after the date of enactment of this section, the Director shall— hire no less than one-third of the total number of employees of the Cannabis Justice Office; and no more than one-half of the employees assigned to the Cannabis Justice Office by term appointment that may after 2 years be converted to career appointment. At least one employee hired for the Cannabis Justice Office shall serve as legal counsel to the Director and shall provide counsel to the Cannabis Justice Office.
The Cannabis Justice Office is authorized to— administer the Community Reinvestment Grant Program; and perform such other functions as the Assistant Attorney General for the Office of Justice Programs may delegate, that are consistent with the statutory obligations of this section. . Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. et seq.) is amended by adding at the end the following: The Director of the Cannabis Justice Office shall establish and carry out a grant program, known as the Community Reinvestment Grant Program , to provide eligible entities with funds to administer services for individuals adversely impacted by the War on Drugs, including— job training; reentry services; legal aid for civil and criminal cases, including expungement of cannabis convictions; literacy programs; youth recreation or mentoring programs; and health education programs.
The Director, in consultation with the Secretary of Health and Human Services, shall provide eligible entities with funds to administer substance use disorder services for individuals adversely impacted by the War on Drugs or connect patients with substance use disorder services. Also eligible for such services are individuals who have been arrested for or convicted of the sale, possession, use, manufacture, or cultivation of a controlled substance other than cannabis (except for a conviction involving distribution to a minor).
The Director shall carry out the program under this part using funds made available under section 9512(c)(1) and
(2)of the Internal Revenue Code. In this part: The term cannabis conviction means a conviction, or adjudication of juvenile delinquency, for a cannabis offense (as such term is defined in section 13 of the Marijuana Opportunity Reinvestment and Expungement Act). The term eligible entity means a nonprofit organization, as defined in section 501(c)(3) of the Internal Revenue Code, that is representative of a community or a significant segment of a community with experience in providing relevant services to individuals adversely impacted by the War on Drugs in that community. The term individuals adversely impacted by the War on Drugs has the meaning given that term in section 6 of the Marijuana Opportunity Reinvestment and Expungement Act. . The Administrator of the Small Business Administration shall establish and carry out a program, to be known as the Cannabis Restorative Opportunity Program , to provide loans and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate in eligible States or localities. The Administrator of the Small Business Administration shall establish and carry out a grant program, to be known as the Equitable Licensing Grant Program , to provide any eligible State or locality funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals adversely impacted by the War on Drugs, provided that each grantee includes in its cannabis licensing program at least four of the following elements: A waiver of cannabis license application fees for individuals who report an income below 250 percent of the Federal Poverty Level for at least 5 of the past 10 years and who are first-time applicants for a cannabis license. A prohibition on the denial of a cannabis license based on a conviction for a cannabis offense that took place prior to State legalization of cannabis or the date of enactment of this Act, as appropriate. A prohibition on restrictions for licensing relating to criminal convictions except with respect to a criminal conviction related to owning and operating a business. A prohibition on cannabis license holders engaging in suspicionless cannabis drug testing of their prospective or current employees, except with respect to drug testing for safety-sensitive positions required under part 40 of title 49, Code of Federal Regulations. The establishment of a cannabis licensing board that is reflective of the racial, ethnic, economic, and gender composition of the eligible State or locality, to serve as an oversight body of the equitable licensing program. In this subsection: The term eligible State or locality means a State or locality that has taken steps to— create an automatic process, at no cost to the individual, for the expungement, destruction, or sealing of criminal records for cannabis offenses; and eliminate violations or other penalties for persons under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense. The term individual adversely impacted by the War on Drugs means an individual— who reports an income below 250 percent of the Federal Poverty Level for at least 5 of the past 10 years; and who has been arrested for or convicted of the sale, possession, use, manufacture, or cultivation of cannabis (except for a conviction involving distribution to a minor), or whose parent, sibling, spouse, or child has been arrested for or convicted of such an offense. The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). The term State means each of the several States, the District of Columbia, Puerto Rico, any territory or possession of the United States, and any Indian Tribe (as defined in section 201 of Public Law 90–294 ( 25 U.S.C. 1301 ) (commonly known as the Indian Civil Rights Act of 1968 )). The Comptroller General of the United States, in consultation with the Administrator of the Small Business Administration, shall conduct an annual study on the individuals and entities receiving assistance under the Cannabis Restorative Opportunity and Equitable Licensing Programs. This study shall include the types of assistance by state, and a description of the efforts by the Small Business Administration to increase access to capital for cannabis-related small business concerns owned and controlled by socially and economically disadvantaged individuals, individuals adversely impacted by the War on Drugs, as well as the racial, ethnic, economic and gender composition of the eligible State or locality. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under paragraph
(1)to— the Committee on Small Business of the House of Representatives; the Committee on Small Business and Entrepreneurship of the Senate; the Committee on the Judiciary of the House of Representatives; and the Committee on the Judiciary of the Senate.
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  • Pub. L. 90-294
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cites case law
Sec. 6
Opportunity trust fund programs
U.S.C.§ 10101
U.S.C.§ 636
U.S.C.§ 637
U.S.C.§ 1301
Pub. L.Pub. L. 90-294
Cites 5Cited by 0 across 0 sources
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