Sec. 5. Banking protections
707 words·~3 min read·
/bill/117/hr/3105/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A depository institution that provides a financial service to a person shall not violate any Federal or State law for providing such financial service solely because such person is a cannabis-related legitimate business or a service provider. In this section: The term business of insurance has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5481 ). The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ).
The term cannabis product means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical. The term cannabis-related legitimate business means a manufacturer, producer, or any person or company that— engages in any activity described in subparagraph
(B)pursuant to a law established by a State or a political subdivision of a State, as determined by such or political subdivision; and participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. The term depository institution means— a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) ); a Federal credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); or a credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). The term financial service — means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5481 ), regardless if the customer receiving the product or service is a consumer or commercial entity; means a financial product or service, or any combination of products and services, permitted to be provided by— a national bank or a financial subsidiary pursuant to the authority provided under— the provision designated Seventh of section 5136 of the Revised Statutes of the United States ( 12 U.S.C. 24 ); or section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a ); and a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act; includes the business of insurance; includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers; includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and includes acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code. The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products. The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis. The term service provider — means a business, organization, or other person that— sells goods or services to a cannabis-related legitimate business; or provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. The term State means each of the several States, each Indian Tribe, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
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