,,ii #aagth ,,congress #b;d ,session ,s4 #dfbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjbb,mr4 ,lujn 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish protections for radio and television stations that provide advertising services to cannabis-related legitimate businesses and service providers for such businesses1 and for other purposes4 #a4 ,short title2 table of contents2 purpose 7a7 ,short title ,this ,act may be cited as the ,secure ,and ,fair ,enforcement ,advertising ,act of #bjbb or the ,,safe ,advertising ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 purpose4,sec4 #b4 ,definitions4,sec4 #c4 ,safety for advertising4,sec4 #d4 ,protections for ancillary businesses4,sec4 #e4 ,protections under ,federal law4,sec4 #f4 ,application of this ,act with respect to hemp-related legitimate businesses and hemp-related service providers4,sec4 #g4 ,,gao report4 7c7 ,purpose ,the purpose of this ,act is to ensure access to advertising services from radio and television stations for cannabis-related legitimate businesses and service providers4 #b4 ,definitions ,in this ,act3 7#a7 ,cannabis ,the term cannabis has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,cannabis product ,the term cannabis product means any article that contains cannabis1 including an article that is a concentrate1 an edible1 a tincture1 a cannabis-infused product1 or a topical4 7#c7 ,cannabis-related legitimate business ,the term cannabis-related legitimate business means a manufacturer1 a producer1 or any person or company that-- 7,a7 engages in any activity described in subparagraph 7,b7 pursuant to a law established by a ,state or political subdivision of a ,state1 as determined by the ,state or political subdivision2 and 7,b7 participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#d7 ,,cbd ,the term ,,cbd means cannabidiol4 7#e7 ,hemp ,the term hemp has the meaning given the term in section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio74 7#f7 ,indian country ,the term ,indian country has the meaning given that term in section #aaea of title #ah1 ,united ,states ,code4 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#h7 ,manufacturer ,the term manufacturer means a person who manufactures1 compounds1 converts1 processes1 prepares1 or packages cannabis or cannabis products4 7#i7 ,producer ,the term producer means a person who plants1 cultivates1 harvests1 or in any way facilitates the natural growth of cannabis4 7#aj7 ,service provider ,the term service provider-- 7,a7 means a business1 organization1 or other person that-- 7i7 sells goods or services to a cannabis-related legitimate business2 or 7ii7 provides any business services1 including the sale of advertising1 the sale or lease of real or any other property1 legal or other licensed services1 or any other ancillary service1 relating to cannabis2 and 7,b7 does not include a business1 organization1 or other person that participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#aa7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 #c4 ,safety for advertising 7a7 ,in general ,the ,federal ,communications ,commission may not-- 7#a7 with respect to an authorization relating to a radio or television broadcast station1 deny1 fail to renew for a full term or condition the authorization1 decline to approve an application for authority to assign the authorization or transfer direct or indirect control of the licensee1 require an early renewal application1 or otherwise impair the authorization1 because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider1 if the activities of the cannabis-related legitimate business or service provider were1 at the time of the broadcast or other transmission of advertising1 authorized in the ,state1 political subdivision of a ,state1 or ,indian country in which the community of license of the station is located2 7#b7 commence any proceeding against1 issue a notice of apparent liability or inquiry to1 or impose a forfeiture penalty on a radio or television broadcast station under title ,v of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eja et seq47 because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider1 if the activities of the cannabis-related legitimate business or service provider were1 at the time of the broadcast or other transmission of advertising1 authorized in the ,state1 political subdivision of a ,state1 or ,indian country in which the community of license of the station is located2 or 7#c7 deny or designate for hearing any application for an authorization relating to a radio or television broadcast station solely because-- 7,a7 the applicant-- 7i7 is or has been a cannabis-related legitimate business or service provider2 or 7ii7 is an owner1 officer1 operator1 or employee of a cannabis-related legitimate business or service provider2 or 7,b7 an owner1 officer1 director1 or employee of the applicant1 any parent entity of the applicant1 or the applicant has provided or is providing services1 including advertising services1 equipment1 or other support1 for the operation of a cannabis-related legitimate business or service provider4 7b7 ,labeling requirement ,subsection 7a7 shall only apply with respect to the advertising of products sold by a cannabis-related legitimate business if-- 7#a7 the advertisement-- 7,a7 contains a disclosure that states1 ,this product has not been evaluated by the ,food and ,drug ,administration4 ,there may be health risks associated with consumption of this product42 or 7,b7 complies with any applicable labeling requirements or other requirements adopted by the ,surgeon ,general or the ,food and ,drug ,administration for advertising of cannabis or cannabis products2 and 7#b7 the advertiser has reliable evidence that not less than #gj percent of the audience for the advertisement is reasonably expected to be not less than #ba years of age1 with the burden of proof regarding the expected audience composition lying with the advertiser4 #d4 ,protections for ancillary businesses ,for the purposes of sections #aief and #aieg of title #ah1 ,united ,states ,code1 section #dba of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hfb71 and any other provision of ,federal law1 the proceeds from a transaction involving activities of a cannabis-related legitimate business or service provider shall not be considered proceeds from an unlawful activity or require the denial of ,federal benefits solely because-- 7#a7 the transaction involves proceeds from a cannabis-related legitimate business or service provider2 or 7#b7 the transaction involves proceeds from-- 7,a7 cannabis-related activities described in section #b7c77;,b7 conducted by a cannabis-related legitimate business2 or 7,b7 activities described in section #b7aj77;,a7 conducted by a service provider4 #e4 ,protections under ,federal law ,with respect to providing advertising service to a cannabis-related legitimate business 7where the cannabis-related legitimate business operates within a ,state1 a political subdivision of a ,state1 or ,indian country in which the cultivation1 production1 manufacture1 sale1 transportation1 display1 dispensing1 distribution1 or purchase of cannabis is allowed pursuant to a law or regulation of the ,state1 the political subdivision1 or the ,indian ,tribe with jurisdiction over the ,indian country1 respectively7 or a service provider 7wherever located71 a radio or television station licensed to a community within a ,state1 a political subdivision of a ,state1 or ,indian country in which the activities of the cannabis-related legitimate business promoted in the advertising service are allowed1 a depository institution1 insurer1 or other entity that provides a financial or other service to such a radio or television station providing advertising service to a cannabis-related legitimate business or service provider1 and the officers1 directors1 and employees of such radio or television station1 depository institution1 insurer1 or other entity may not be held liable pursuant to any ,federal law or regulation1 including subsection 7b7 or 7c7 of section #djc of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdc7-- 7#a7 solely for providing such advertising service or related financial or other service2 or 7#b7 for further investing any income derived from such advertising service or related financial or other service4 #f4 ,application of this ,act with respect to hemp-related legitimate businesses and hemp-related service providers 7a7 ,in general ,this ,act shall apply with respect to a hemp-related legitimate business or hemp-related service provider in the same manner as the ,act applies with respect to a cannabis-related legitimate business or service provider4 7b7 ,definitions ,in this section3 7#a7 ,hemp-related legitimate business ,the term hemp-related legitimate business means a manufacturer1 producer1 or any person that-- 7,a7 engages in any activity described in subparagraph 7,b7 in conformity with-- 7i7 subtitle ,g of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio et seq47 and the regulations issued to implement that subtitle by the ,department of ,agriculture1 where applicable2 and 7ii7 the applicable law of a ,state1 political subdivision of a ,state1 or ,indian ,tribe2 and 7,b7 participates in any business or organized activity that involves handling hemp1 hemp-derived ,,cbd products1 and other hemp-derived cannabinoid products1 including cultivating1 producing1 extracting1 manufacturing1 selling1 transporting1 displaying1 dispensing1 or purchasing hemp1 hemp-derived ,,cbd products1 and other hemp-derived cannabinoid products4 7#b7 ,hemp-related service provider ,the term hemp-related service provider-- 7,a7 means a business1 organization1 or other person that-- 7i7 sells goods or services to a hemp-related legitimate business2 or 7ii7 provides any business services1 including the sale of advertising1 the sale or lease of real or any other property1 legal or other licensed services1 or any other ancillary service1 relating to hemp1 hemp-derived ,,cbd products1 or other hemp-derived cannabinoid products2 and 7,b7 does not include a business1 organization1 or other person that participates in any business or organized activity that involves handling hemp1 hemp-derived ,,cbd products1 or other hemp-derived cannabinoid products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing hemp1 hemp-derived ,,cbd products1 and other hemp-derived cannabinoid products4 #g4 ,,gao report 7a7 ,definitions ,in this section-- 7#a7 the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb72 and 7#b7 the term socially and economically disadvantaged individual has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations prescribed under such section #h7;d71 except that women are presumed to be socially and economically disadvantaged4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study of cannabis-related legitimate businesses that-- 7,a7 are small business concerns2 or 7,b7 are owned by a socially and economically disadvantaged individual2 and 7#b7 submit a report on the results of the study conducted under paragraph 7#a7 to ,congress4 7c7 ,contents ,the report submitted under subsection 7b7 shall include-- 7#a7 an evaluation of whether cannabis-related legitimate businesses that are small business concerns or are owned by a socially and economically disadvantaged individual face systemic barriers to access service providers compared to other cannabis-related legitimate businesses2 and 7#b7 recommendations to ,congress to facilitate the access of cannabis-related legitimate businesses to service providers1 particularly cannabis-related legitimate businesses that-- 7,a7 are small business concerns2 or 7,b7 are owned by a socially and economically disadvantaged individual4