; and (B) in subsection (2) by striking marihuana, . 3. Ineligibility for certain funds (a) Definitions In this section— (1) the term covered State means a State that has not enacted a statute legalizing marijuana in the State; (2) the term disproportionate arrest rate means— (A) the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or (B) the percentage of low-income individuals arrested for a marijuana offense in a State is higher than the percentage of the population of the State that are not low-income individuals, as determined by the most recent census data; (3) the term disproportionate incarceration rate means the percentage of minority individuals incarcerated for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; (4) the term low-income individual means an individual whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) is equal to or below the maximum dollar amount for the 15 percent rate bracket applicable to the individual under section 1 of the Internal Revenue Code of 1986; (5) the term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and (6) the term minority individual means an individual who is a member of a racial or ethnic minority group. (b) Ineligibility for certain funds (1) In general For any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State— (A) shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail