I 

113TH CONGRESS 

1ST SESSION H. R. 2652 

To create protections for depository institutions that provide financial services 

to marijuana-related businesses. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2013 

Mr. PERLMUTTER (for himself, Mr. HECK of Washington, Mr. MCDERMOTT, 

Mr. BLUMENAUER, Mr. POLIS, Mr. SMITH of Washington, Mr. FARR, 

Mr. KILMER, Mr. MORAN, Ms. NORTON, Mr. CAPUANO, Ms. DELBENE, 

Mr. COFFMAN, Ms. DEGETTE, Mr. DEFAZIO, Mr. LOWENTHAL, Ms. PINGREE of Maine, Mr. ROHRABACHER, and Ms. SCHAKOWSKY) introduced 

the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To create protections for depository institutions that provide 

financial services to marijuana-related businesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marijuana Businesses 

5 Access to Banking Act of 2013’’. 


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1 SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. 

2 A Federal banking regulator may not— 

3 (1) terminate or limit the deposit insur4 ance of a depository institution under the Fed5 eral Deposit Insurance Act (12 U.S.C. 1811 et 

6 seq.) solely because the depository institution 

7 provides or has provided financial services to a 

8 marijuana-related legitimate business; 

9 (2) prohibit, penalize, or otherwise discour10 age a depository institution from providing fi11 nancial services to a marijuana-related legiti12 mate business; 

13 (3) recommend, incentivize, or encourage a 

14 depository institution not to offer financial serv15 ices to an individual, or to downgrade or cancel 

16 the financial services offered to an individual 

17 solely because— 

18 (A) the individual is a manufacturer 

19 or producer, or is the owner or operator of 

20 a marijuana-related legitimate business; 

21 (B) the individual later becomes an 

22 owner or operator of a marijuana-related 

23 legitimate business; or 

24 (C) the depository institution was not 

25 aware that the individual is the owner or 


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1 operator of a marijuana-related legitimate 

2 business; and 

3 (4) take any action on a loan to an owner 

4 or operator of— 

5 (A) a marijuana-related legitimate 

6 business; or 

7 (B) real estate or equipment that is 

8 leased to a marijuana-related legitimate 

9 business. 

10 SEC. 3. PROTECTIONS UNDER FEDERAL LAW. 

11 (a) INVESTIGATION AND PROSECUTION.—A deposi12 tory institution that provides financial services to a mari13 juana-related legitimate business, and the officers, direc14 tors, and employees of that depository institution, shall be 

15 immune from Federal criminal prosecution or investiga16 tion for providing those services. 

17 (b) FEDERAL CRIMINAL LAW.—A depository institu18 tion that provides financial services to a marijuana-related 

19 legitimate business may not be held liable pursuant to any 

20 Federal criminal law solely for providing those services or 

21 for further investing any income derived from such serv22 ices. 

23 (c) FORFEITURE.—A depository institution that has 

24 a legal interest in the collateral for a loan made to an 

25 owner or operator of a marijuana-related legitimate busiVerDate Mar 15 2010 03:22 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2652.IH H2652

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1 ness, or to an owner or operator of real estate or equip2 ment that is leased to a marijuana-related legitimate busi3 ness, shall not be subject to criminal, civil, or administra4 tive forfeiture of that legal interest pursuant to any Fed5 eral law for providing such loan. 

6 SEC. 4. RULE OF CONSTRUCTION. 

7 Nothing in this Act shall require a depository institu8 tion to provide financial services to a marijuana-related 

9 legitimate business. 

10 SEC. 5. EXEMPTION FROM FILING SUSPICIOUS ACTIVITY 

11 REPORTS. 

12 Section 5318(g) of title 31, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(5) EXEMPTION FOR MARIJUANA-RELATED LE15 GITIMATE BUSINESSES.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 not require a depository institution, and any di18 rector, officer, employee, or agent of a deposi19 tory institution, to report a transaction as sus20 picious solely because a party to the transaction 

21 is a marijuana-related legitimate business. 

22 ‘‘(B) DEFINITIONS.—In this paragraph, 

23 the terms ‘depository institution’ and ‘mari24 juana-related legitimate business’ have the 


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1 meanings given such terms in the Marijuana 

2 Businesses Access to Banking Act of 2013.’’. 

3 SEC. 6. DEFINITIONS. 

4 In this Act: 

5 (1) DEPOSITORY INSTITUTION.—The term ‘‘de6 pository institution’’ means— 

7 (A) a depository institution as defined in 

8 section 3(c) of the Federal Deposit Insurance 

9 Act (12 U.S.C. 1813(c)); 

10 (B) a Federal credit union as defined in 

11 section 101 of the Federal Credit Union Act 

12 (12 U.S.C. 1752); or 

13 (C) a State credit union as defined in sec14 tion 101 of the Federal Credit Union Act (12 

15 U.S.C. 1752). 

16 (2) FEDERAL BANKING REGULATOR.—The 

17 term ‘‘Federal banking regulator’’ means each of the 

18 Board of Governors of the Federal Reserve System, 

19 the Bureau of Consumer Financial Protection, the 

20 Federal Deposit Insurance Corporation, the Office of 

21 the Comptroller of the Currency, the National Credit 

22 Union Administration, or any agency or department 

23 that regulates banking or financial services, as de24 termined by the Secretary of the Treasury. 


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1 (3) FINANCIAL SERVICE.—The term ‘‘financial 

2 service’’ means a financial product or service as de3 fined in section 1002 of the Dodd-Frank Wall Street 

4 Reform and Consumer Protection Act (12 U.S.C. 

5 5481). 

6 (4) MANUFACTURER.—The term ‘‘manufac7 turer’’ means a person who manufactures, com8 pounds, converts, processes, prepares, or packages 

9 marijuana or marijuana products. 

10 (5) MARIJUANA-RELATED LEGITIMATE BUSI11 NESS.—The term ‘‘marijuana-related legitimate 

12 business’’ means a manufacturer, producer, or any 

13 person that— 

14 (A) participates in any business or orga15 nized activity that involves handling marijuana 

16 or marijuana products, including selling, trans17 porting, displaying, dispensing, or distributing 

18 marijuana or marijuana products; and 

19 (B) engages in such activity pursuant to a 

20 law established by a State or a unit of local 

21 government. 

22 (6) MARIJUANA.—The term ‘‘marijuana’’ has 

23 the meaning given the term ‘‘marihuana’’ in section 

24 102 of the Controlled Substances Act (21 U.S.C. 

25 802). 


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1 (7) MARIJUANA PRODUCT.—The term ‘‘mari2 juana product’’ means any article which contains 

3 marijuana, including an article which is a con4 centrate, an edible, a tincture, a marijuana-infused 

5 product, or a topical. 

6 (8) PRODUCER.—The term ‘‘producer’’ means a 

7 person who plants, cultivates, harvests, or in any 

8 way facilitates the natural growth of marijuana. 

9 (9) STATE.—The term ‘‘State’’ means each of 

10 the several States, the District of Columbia, Puerto 

11 Rico, and any territory or possession of the United 

12 States. 

Æ 


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