§ 36-1503
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/md/alcoholic-beverages-and-cannabis/36-1503·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§36–1503.
(a)The Commissioner of Financial Regulation may not:
(1)terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act or the Federal Credit Union Act, a depository institution operating in the State under the Financial Institutions Article, or take any other adverse action against a depository institution under 12 U.S.C. § 1818 solely because the depository institution provides or has provided financial services to a cannabis business or service provider;
(2)prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis business in the State;
(3)recommend, incentivize, or encourage a depository institution to not offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because:
(i)the account holder is a cannabis business or service provider, or is an employee, owner, or operator of a cannabis business or service provider;
(ii)the account holder later becomes an employee, owner, or operator of a cannabis business or service provider; or
(iii)the depository institution was not aware that the account holder is an employee, owner, or operator of a cannabis business or service provider;
(4)take any adverse or corrective supervisory action on a loan made to:
(i)a cannabis business or service provider solely because the business is a cannabis business or service provider;
(ii)an employee, owner, or operator of a cannabis business or service provider solely because the employee, owner, or operator is employed by, owns, or operates a cannabis business or service provider, as applicable; or
(iii)an owner or operator of real estate or equipment that is leased to a cannabis business or service provider solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis business or service provider, as applicable; or
(5)prohibit or penalize a depository institution, or an entity performing a financial service for or in association with a depository institution, or otherwise discourage a depository institution, or an entity performing a financial service for or in association with a depository institution, from engaging in a financial service for a cannabis business or service provider.
(b)Subsection
(a)of this section shall apply to an institution applying for a depository institution charter to the same extent as it applies to a depository institution.