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Cannabis policy models

Create a strict legal framework for controlling the production, distribution, sale and possession of cannabis. This aims to accomplish 3 goals:

Subject to County or territorial restrictions, adults who are 18 years of age or older are legally able to:

In short:

Possession limits for cannabis products

The possession limits are based on dried cannabis. Equivalents were developed for other cannabis products to identify what their possession limit would be.

One (1) gram of dried cannabis is equal to:

This means, for example, that an adult 18 years of age or older, can legally possess 200 grams of fresh cannabis.

Suggested Taxation ratios.

7% of cannabis products’ value in wholesale taxes.

Retail excise taxes:

Medicinal use Taxes:

Cannabis for medical purposes

The current regime for medical cannabis will continue to allow access to cannabis for people who have the authorization of their healthcare provider.

Protecting youth

Our approach limits youth access to cannabis by:

Age restrictions

No person may sell or provide cannabis to any person under the age of 18. There are 2 criminal offenses related to providing cannabis to youth, with maximum penalties of 14 years in jail:

Restricting promotion and enticement

Discourage youth cannabis use by prohibiting:

Penalties for violating these prohibitions include a fine of up to €5 million or 3 years in jail.

Protecting public health

The Act protects public health through creating strict safety and quality regulations. In addition, public education efforts are currently underway to raise awareness about safety measures and any potential health risks.

Strict regulation

Federal, Local and county governments share responsibility for overseeing the cannabis regulation system.

The Federal government’s responsibilities are to set:

Counties are responsible for developing, implementing, maintaining and enforcing systems to oversee the distribution and sale of cannabis. They are also able to add their own safety measures, such as:

Reducing criminal activity

Statistics Canada reports that in 2017, almost 48,000 cannabis-related drug offenses were reported to police. The majority of these (80%) were possession offenses. A criminal record resulting from a cannabis offense, even a minor possession charge, can have serious and lifelong implications for the person charged. In allowing the production and possession of legal cannabis for adults, the Act helps keep Canadians who consume cannabis out of the criminal justice system, reducing the burden on the courts.

Criminal penalties

Cannabis offenses target those acting outside of the legal framework, such as organized crime. Penalties are set in proportion to the seriousness of the offense. Sanctions range from warnings and tickets for minor offenses to criminal prosecution and imprisonment for more serious offenses. Some offenses specifically target people who make cannabis available to youth.

OffensePenalties
Possession over the limittickets for small amounts up to 3 years less a day in jail
Illegal distribution or saletickets for small amounts up to 7 years in jail
Producing cannabis beyond personal cultivation limitsfine of €350/plant in excess of the limit
Taking cannabis across Irelands bordersup to 7 years in jail
Selling cannabis to a person under 18up to 7 years in jail
Using a youth to commit a cannabis-related offenceup to 7 years in jail

Limiting the illegal market

Our approach recognizes that reducing the illicit market for cannabis is one of the goals of legalization.

This is based heavily on the Canadian Cannabis Act

Having a criminal record has implications for health and economic well‐being and, in the US, there are additional consequences associated with having a drug offense on one’s criminal record 4 . For example, in some places a cannabis offense can make it harder to access public housing or work in the newly legal industry. While the early efforts to legalize cannabis in the US did not directly address expunging criminal records, jurisdictions soon began to make it easier for individuals to clear these cannabis offenses from their records 5 . Some places have gone further by automatically expunging these offenses.

Social Equity goals


1. Repair the damage to individuals caused by discriminatory enforcement of prohibition

2. Create more equitable licensing outcomes through the application process

3. Ensure the industry reflects the local community
Prioritize licenses for local citizens and residents, especially individuals most impacted by the war on drugs, by taking into account and prioritizing

4. Address financial barriers to market entry
Establish licensing and application fees that are reasonable to cover only the costs of program implementation and necessary regulation

5. Support companies and individuals entering the industry from disproportionately-impacted communities

6. Invest tax revenue in communities harmed by prohibition

Set aside a percentage of the tax revenue from cannabis sales to be reinvested in communities that have been most affected by cannabis arrests and the drug war, which most frequently have been communities of color, including programs for job training, reentry service, expungement expenses, public libraries, community centers, programs and opportunities dedicated to youth, and health education programs.

Earmarking Excise Taxes

The taxes gathered from the sale of cannabis shall deposited into several funds,

2% of taxes would be deposited into the Cannabis Expungement Fund, which helps people expunge previous minor cannabis convictions from their records.

10% of taxes would be deposited into the Drug Treatment and Education fund which could be utilized to:

4.2% of the taxes would be deposited into the Office of Cannabis Justice Fund for funding the office of Cannabis Justice.

20% of taxes would be deposited into the Cannabis Health Fund which would be used to support Public Health, such as mental health facilities and subsidizing services, the funds could be used to improve other areas of public health as well, such as preventive care, health education, and vaccination programs, and even subsidize a low cost public healthcare option.

4.2% of taxes would be deposited into the Social Cannabis Fund which could be utilized for Social Services like housing assistance, food security programs, poverty alleviation programs, and support for the elderly or disabled.

24% of taxes would be deposited into the Cannabis Community Development Fund, these funds could be used for local community development projects, such as improving public spaces, supporting local businesses, funding community events and organizations, development/maintenance of mass transit systems, subsidizing public transit, and supporting county governments though the budget.

11% of taxes would be deposited into the Green Heart Fund which would be utilized to enhance public safety measures, and fund emergency services, primarily it would fund the Green Heart Program. Many situations that are currently handled by law enforcement could be better addressed by other professionals with more specialized training, to reduce the cycle of criminalization for nuisance behaviors, as well as freeing up Gardai, which are currently experiencing recruitment issues, to focus on the core aspects of their job. Firefighters, with their focus on public safety and service, could be a good fit for some of these roles, especially if they receive additional training. This fund covers the additional Training, Equipment and Salaries for firefighters and health workers participating in the program. Here are a few areas where responsibilities could potentially be shifted from the Gardai to firefighters or other participants in the Green Heart Program:

  1. Mental Health Crises: Mental health professionals could be dispatched to respond to mental health crises instead of Gardai. These professionals could provide immediate care and de-escalate situations more effectively.
  2. Homelessness: Instead of criminalizing homelessness, social workers or Green Hearts could be dispatched to assist individuals experiencing homelessness, helping them access shelters, healthcare, and other services.
  3. Substance Abuse: Substance abuse often falls under the purview of law enforcement, but it’s primarily a health issue. Medical professionals or Green Hearts could respond to these situations, providing immediate care and referring individuals to treatment programs.
  4. Non-violent Disputes: Green Hearts could act as Mediators or community conflict resolution teams, and could be dispatched to handle non-violent disputes between neighbors or family members, reducing the need for Gardai intervention.
  5. Wellness Checks: Firefighters or Green Hearts could perform wellness checks, especially for vulnerable populations like the elderly or individuals with chronic illnesses.
  6. Traffic Accidents: For minor accidents without injuries, a Green Hearts trained in traffic accident investigation could handle the situation, freeing up Gardai resources.
  7. Non-emergency Medical Calls: Firefighters already respond to many medical calls, but with additional training, they could handle even more, reducing the need for Gardai involvement.

Office of Cannabis Justice

Except as otherwise provided expressly by law or as clearly frustrate or contradict the purpose the Office of Cannabis Justice, all Federal laws dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, shall apply to the exercise of the powers of the Office of Cannabis Justice.

“(1) IN GENERAL.—There is established the position of the Director, who shall serve as the head of the Office of Cannabis Justice.

“(2) APPOINTMENT.— The Director shall be appointed by the President, by and with the advice and consent of the Dáil Éireann.

“(3) QUALIFICATION.—The President shall nominate the Director from among individuals who are citizens or permanent residents of Ireland.

COORDINATION WITH THE DEPARTMENT OF JUSTICE.— The Office may, avail itself of the resources and instrumentalities of the Department of Justice, in addition to any resources and instrumentalities separately allocated to the Office, to fulfill its duties.

AUTONOMY OF THE OFFICE OF CANNABIS JUSTICE ( An Oifig um Cheartas Cannabas ).—

(1) COORDINATION WITH THE DEPARTMENT OF JUSTICE (An Roinn Dlí agus Cirt).— The Office may, with the consent of the Minister for Justice, avail itself of the resources and instrumentalities of the Department of Justice, in addition to any resources and instrumentalities separately allocated to the Office, to fulfill its duties.

(2) AUTONOMY.—Notwithstanding any reasonable use of the resources and instrumentalities of the Department of Justice, the Office shall be independent and autonomous. The Minister for Justice and the Department of Justice may not:

(A) intervene in any matter or proceeding before the Director, including examinations or enforcement actions, unless otherwise specifically provided by law;

(B) intervene in any agreement between the Office and any person, agency, State, District, municipality, county, territory or other possession or instrumentality of the Ireland, unless otherwise specifically provided by law;

(C) appoint, direct, or remove any officer or employee of the Office; or

(D) merge or consolidate the Office, or any of the functions or responsibilities of the Bureau, with any division or office of the Department of Justice or any other executive department.

(3) RULES AND ORDERS.—No rule, order, guidance, study, or recommendation of the Office shall be subject to approval or review by the Minister for Justice. The Minister for Justice may not delay or prevent the issuance of any rule, order, guidance, study, or recommendation of the Office.

(4) RECOMMENDATIONS AND TESTIMONY.—No officer or agency of the Ireland shall have any authority to require the Director or any other officer of the Office to submit legislative recommendations, or testimony or comments on legislation, to any officer or agency of the Ireland for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Dáil Éireann, if such recommendations, testimony, or comments to the Dáil Éireann include a statement indicating that the views expressed therein are those of the Director or such officer, and do not necessarily reflect the views of the Minister for Justice or the President.

(5) CLARIFICATION OF AUTONOMY OF THE OFFICE IN LEGAL PROCEEDINGS.—The Office shall not be liable under any provision of law for any action or inaction of the Minister for Justice, and the Minister for Justice shall not be liable under any provision of law for any action or inaction of the Office.

(h) ADMINISTRATION.

(1) PERSONNEL.—

(A) IN GENERAL.—The Director may fix the number of, and appoint and direct, all employees of the Bureau, in accordance with the applicable provisions of title 5, Ireland Code.

(B) EMPLOYEES OF THE OFFICE.—The Director is authorized to employ qualified persons as may be deemed necessary to conduct the business of the Office. Unless otherwise provided expressly by law, any individual appointed under this section shall be an employee as defined in section 2105 of title 5, Ireland Code, and subject to the provisions of such title and other laws generally applicable to the employees of an Executive agency.

(C) WAIVER AUTHORITY. —In making any appointment the Office must ensure:

(I) fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions;

(II) fair and open competition and equitable treatment in the consideration and selection of individuals to positions;

(III) fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, and promoting employees.

(2) CONFORMITY WITH THE PRACTICES AND PROCEDURES OF THE DEPARTMENT OF JUSTICE.—In implementing this paragraph (d), the Director shall, in all other matters, generally conform to the practices and procedures of the Department of Justice in the administration and management of the Office, except where doing so would clearly undermine or be contrary to the purposes of the Office or of the MORE Act.

GENERAL PROVISIONS FOR THE LICENSING AND REGULATION OF CANNABIS ENTERPRISES AND INTERSTATE COMMERCE IN CANNABIS.

(a) IN GENERAL. –The Office of Cannabis Justice shall have authority to regulate any cannabis enterprise and have exclusive authority to regulate cannabis in interstate commerce. The Office shall promulgate regulations, issue and revoke licenses and licenses, conduct administrative hearings, conduct public hearings, issue guidance and recommendations, conduct studies and investigations, and engage in all other activities reasonably necessary and convenient to effectuate this section.

(b) CONCURRENT FEDERAL AND STATE LICENSE FOR CANNABIS ENTERPRISES REQUIRED. – No later than one year from the opening of the application process for a federal cannabis enterprise license by the Office, no state license shall be valid for the operation of a cannabis enterprise without a concurrent license issued by the Office.

(c) ANTI-CARTEL RESTRICTIONS. —

(1) No person, corporation, association, or other entity shall, at any one time, own, be a majority shareholder of, or otherwise have direct or indirect control or management of more than a total of five cannabis enterprise licenses issued by the Office.

(2) No part of this section (c) or any other part of this Chapter shall preempt or otherwise prohibit any State or other jurisdiction from providing stricter limitations on the number of licenses, as a measure expressly intended and clearly and substantially calculated to establish an equitable marketplace that promote the economic viability and empowerment of minority and disadvantaged business enterprises and persons harmed by cannabis prohibition.

(3) Any enterprise in violation of the limit set in (c)(1) or of a legitimate limit set in (c)(2) where the enterprise operates, shall be subject to the revocation of the offending excess licenses and liable for the repayment of any public grants, loans or other monies allocated to the offending enterprises, such tax penalties as may be imposed by the Secretary of the Treasury for unlawful commerce in cannabis under the MORE Act, and subject to such civil penalties as the Office of Cannabis Justice may impose pursuant to the regulations promulgated to enforce this Chapter.

(4) No State or other jurisdiction shall be eligible for any grants or other funds arising from the MORE Act or administered by the Office of Cannabis Justice unless such State or jurisdiction provides the Office of Cannabis Justice with a registry of all cannabis enterprise licenses and license holders, containing such information as the Office may require and in a format determined by the Director, to monitor, investigate and enforce this Section.

(d) MANDATORY BARS TO LICENSING. – The Office of Cannabis Justice shall not issue any license of any type under this Chapter to –

(1) any business enterprise, corporation, or other entity that:

(A) has been convicted;

(B) has admitted to sufficient facts for a conviction;

(C) has been subject to sufficient findings of fact by a Court of the Ireland for a conviction;

(D) has been subject to a civil remedy or penalty by a Court of the Ireland arising from a civil action brought by an agency or instrumentality of the Ireland;

(E) has entered into a plea agreement, deferred prosecution agreement, non-prosecution agreement, or civil settlement with any agency or instrumentality of the Ireland –

for any violation of: Criminal Justice (Amendment) Act 2009, except where the unlawful conduct consisted of marijuana cultivation, processing, distribution, or sales; the civil rights of any person; the Foreign Corrupt Practices Act; or of any other federal criminal statute for which the gravamen is substantial fraud, abusive labor practices, human trafficking, slavery, intentional failure to pay wages, substantial harm to public health, the environment or an endangered species, terroristic actions, money laundering, misappropriation of public funds or public corruption.

(1) No license shall be issued to any current or former majority owner or shareholder, officer, director, or agent of a business enterprise, corporation or other entity described in Criminal Justice (Amendment) Act 2009

(2) No license shall be issued to any business enterprise, corporation or other entity that is subject to the direct control, indirect control or substantial influence over decision-making of a business enterprise, corporation or other corporate entity described in Criminal Justice (Amendment) Act 2009

(3) No license shall be issued to any business enterprise, corporation, or other entity whose revenue, value or assets substantially accrues to the benefit of any business enterprise, corporation, or corporate entity described in the Criminal Justice (Amendment) Act 2009

LICENSING OF CANNABIS ENTERPRISES.

(a) IN GENERAL.—Every person before commencing business as a cannabis enterprise, and at such other time as the Director shall by regulation prescribe, shall make application for a license from the Office of Cannabis Justice. The application shall be in such form as the Director shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the license denied if the Director, after notice and opportunity for hearing, finds

(1) the premises on which it is proposed to conduct the cannabis enterprise are not adequate to protect the revenue, or

(2) such person (including, in the case of a corporation, any officer, director, or principal stock holder and, in the case of a partnership, a partner) has failed to disclose any material information required or made any material false statement in the application therefor, or
(3) any other material condition prescribed by the Director through regulation as a prerequisite to licensing has not been met at the time of application.

(b) LICENSE ISSUANCE.—A person shall not engage in business as a cannabis enterprise without a license to engage in such business. Such license, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Director shall by regulation prescribe. A new license may be required at such other time as the Director shall by regulation prescribe.

(c) SUSPENSION OR REVOCATION.—

(1) SHOW CAUSE HEARING.—If the Secretary has reason to believe that any person holding a license—

(A) has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud,

(B) has violated the conditions of such license,

(C) has failed to disclose any material information required or made any material false statement in the application for such license, or

(D) has failed to maintain their premises in such manner as to protect the revenue, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why their license should not be suspended or revoked.

(2) ACTION FOLLOWING HEARING.—If, after hearing, the Secretary finds that such person has not shown cause why their license should not be suspended or revoked, such license shall be suspended for such period as the Secretary deems proper or shall be revoked.

(d) INFORMATION REPORTING.—The Secretary may require—

(1) information reporting by any person issued a license under this section, and

(2) information reporting by such other persons as the Secretary deems necessary to carry out this chapter.

LICENSING OF INTERSTATE CANNABIS ENTERPRISES.

(a) IN GENERAL. – The Office of Cannabis Justice shall have exclusive jurisdiction over the licensing of cannabis enterprises operating in interstate commerce. No person or entity shall engage in interstate commerce in cannabis without a license issued by the Office of Cannabis Justice, subject to such application process and subject to such conditions and limitations as the Director shall by regulation prescribe.

(b) APPLICATION, license ISSUANCE, SUSPENSION OR REVOCATION, AND INFORMATION REPORTING — The Director shall prescribe regulations regarding the application for interstate licenses, the conditions and limitations of interstate licenses, conduct hearings and revoke licenses, and collect information for licensing purposes.

PACKAGING AND LABELING.

(a) PACKAGES.— The Director may, by regulation and in consultation with The Ireland Health Products Regulatory Authority (HPRA) and any other agency the Office deems relevant, prescribe packaging for any cannabis products under the jurisdiction of the Office of Cannabis Justice.

(b) MARKS, LABELS, AND NOTICES.— The Director may, by regulation, and in consultation with the Ireland Health Products Regulatory Authority (HPRA) and any other agency the Office deems relevant, prescribe marks, labels, and notices to be affixed to any package of cannabis under the jurisdiction of the Office of Cannabis Justice.

(c) LOTTERY FEATURES.—No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of cannabis products.

(d) INDECENT OR IMMORAL MATERIAL PROHIBITED.—No indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of cannabis products.

Grants and Programs.

(a) IN GENERAL. –The Director shall, through regulation, establish grants and programs to effectuate the purposes of supporting social services and communities in Ireland and this Chapter.

(b) The Director may direct the grants and programs established in paragraph (a) to:

(1) the Counties, Districts, and other possessions of the Ireland and their municipalities, agencies, and other instrumentalities;

(2) other executive departments, agencies, and instrumentalities of the Ireland;

(3) to minority-owned business enterprises, disadvantaged business enterprises, non-profit organizations and other private entities.

Criminal and Civil Penalties.

(a) The Director may refer any person or entity to the Minister for Justice or any other department or agency of the Ireland for investigation and civil or criminal action related to any violation of this Chapter or to enforce of any provision of this Chapter.

(b) The Director may through regulation prescribe civil penalties for the violation of any regulation promulgated under this Chapter

(c) The Director, upon an investigation and review of relevant facts, may make prosecution and sentencing recommendations for any violation of a criminal statute in connection with the commerce in cannabis.”

APPLICATION FOR LICENSE.

(a) IN GENERAL.—Every person, before commencing business as a cannabis enterprise, and at such other time as the Secretary shall by regulation prescribe, shall make application for the license. The application shall be in such form as the Secretary shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the license denied if the Secretary, after notice and opportunity for hearing, finds that

(1) the premises on which it is proposed to conduct the cannabis enterprise are not adequate to protect the revenue, or

(2) such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner) has failed to disclose any material information required or made any material false statement in the application therefor.

LICENSE.

(a) ISSUANCE.—A person shall not engage in business as a cannabis enterprise without a license to engage in such business. Such license, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Secretary shall by regulation prescribe. A new license may be required at such other time as the Secretary shall by regulation prescribe.

(b) SUSPENSION OR REVOCATION.—

(1) SHOW CAUSE HEARING.—If the Secretary has reason to believe that any person holding a license—

(A) has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud,

(B) has violated the conditions of such license,

(C) has failed to disclose any material information required or made any material false statement in the application for such license, or “(D) has failed to maintain their premises in such manner as to protect the revenue, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why their license should not be suspended or revoked.

(2) ACTION FOLLOWING HEARING.—If, after hearing, the Secretary finds that such person has not shown cause why their license should not be suspended or revoked, such license shall be suspended for such period as the Secretary deems proper or shall be revoked.

(c) INFORMATION REPORTING.—The Secretary may require—

(1) information reporting by any person issued a license under this section, and “(2) information reporting by such other persons as the Secretary deems necessary to carry out this chapter.

(d) INSPECTION OR DISCLOSURE OF INFORMATION.—For rules relating to inspection and disclosure of returns and return information, see section 6103(o).

Subchapter D—Operations

Every cannabis enterprise shall—

(1) make a true and accurate inventory at the time of commencing business, at the time of concluding business, and at such other times, in such manner and form, and to include such items, as the Secretary shall by regulation prescribe, with such inventories to be subject to verification by any internal revenue officer,

(2) make reports containing such information, in such form, at such times, and for such periods as the Secretary shall by regulation prescribe, and

(3) keep such records in such manner as the Secretary shall by regulation prescribe, with such records to be available for inspection by any internal revenue officer during business hours.

CIVIL PENALTIES.

(a) OMITTING THINGS REQUIRED OR DOING THINGS FORBIDDEN.— Whoever willfully omits, neglects, or refuses to comply with any duty imposed upon them by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $10,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment.

(b) FAILURE TO PAY TAX.—Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations, shall, in addition to any other penalty provided in this title, be liable to a penalty of 10 percent of the tax due but unpaid.

(c) SALE OF CANNABIS OR CANNABIS PRODUCTS FOR EXPORT.—

(1) Every person who sells, relands, or receives within the jurisdiction of the Ireland any cannabis products which have been labeled or shipped for exportation under this chapter,

(2) every person who sells or receives such relanded cannabis products, and

(3) every person who aids or abets in such selling, relanding, or receiving, shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $10,000 or 10 times the amount of the tax imposed by this chapter. All cannabis products relanded within the jurisdiction of the Ireland shall be forfeited to the Ireland and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such cannabis products from the place where relanded, shall be forfeited to the Ireland.

(d) APPLICABILITY OF SECTION 6665.—The penalties imposed by subsections (b) and (c) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a).

(e) CROSS REFERENCES.—For penalty for failure to make deposits or for overstatement of deposits, see section 6656.

CRIMINAL PENALTIES.

(a) States—

FRAUDULENT OFFENSES.—Whoever, with intent to defraud Ireland

(1) engages in business as a cannabis enterprise without filing the application and obtaining the license where required by this chapter or regulations thereunder,

(2) fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder,

(3) refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof,

(4) sells or otherwise transfers, contrary to this chapter or regulations thereunder, any cannabis products subject to tax under this chapter, or

(5) purchases, receives, or possesses, with intent to redistribute or resell, any cannabis product—

(A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or

(B) which, without payment of tax, have been diverted from the applicable purpose or use specified in that section, shall, for each such offense, be fined not more than €10,000, or imprisoned not more than 5 years, or both.

(b) LIABILITY TO TAX.—Any person who possesses cannabis products in violation of subsection (a) shall be liable for a tax equal to the tax on such articles.”.

COMMUNITY REINVESTMENT GRANT PROGRAM

AUTHORIZATION.

(a) IN GENERAL.—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—

(1) job training;
(2) reentry services;
(3) convictions;

legal aid for civil and criminal cases, including expungement of cannabis

(4) literacy programs;
(5) youth recreation or mentoring programs; and
(6) health education programs.

(b) SUBSTANCE USE DISORDER SERVICES.—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)

SEC. 3054. DEFINITIONS.

In this part:

(1) 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 of 2021).

(2) 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.

(3) 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 of 2021″.”.

(b) CANNABIS RESTORATIVE OPPORTUNITY PROGRAM; EQUITABLE LICENSING GRANT PROGRAM.—

(1) CANNABIS RESTORATIVE OPPORTUNITY PROGRAM.—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.

(2) EQUITABLE LICENSING GRANT PROGRAM.—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) 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.

(B) 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.

(C) A prohibition on restrictions for licensing relating to criminal convictions except with respect to a criminal conviction related to owning and operating a business.

(D) 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.

(E) 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.

(3) DEFINITIONS.—In this subsection:

(A) ELIGIBLE STATE OR LOCALITY.—The term “eligible County or locality” means a county or locality that has taken steps to—

(i) create an automatic process, at no cost to the individual, for the expungement, destruction, or sealing of criminal records for cannabis offenses; and

(ii) eliminate violations or other penalties for persons under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense.

(B) INDIVIDUAL ADVERSELY IMPACTED BY THE WAR ON DRUGS.—The term “individual adversely impacted by the War on Drugs” means an individual—

(i) who reports an income below 250 percent of the Federal Poverty Level for at least 5 of the past 10 years; and

(ii) 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.

(C) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—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)).

(1) GAO STUDY.—The Department of Cannabis Justice, 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.

SEC. 8. NO DISCRIMINATION IN THE PROVISION OF A FEDERAL PUBLIC BENEFIT ON THE BASIS OF CANNABIS.

(a) IN GENERAL.—No person may be denied any Federal public benefit on the basis of any use or possession of cannabis, or on the basis of a conviction or adjudication of juvenile delinquency for a cannabis offense, by that person.

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