(6) the term ‘‘marijuana product’’ means any 
article that contains marijuana or any marijuana de-
rivative; 
(7) the term ‘‘marijuana-related business’’ 
means a manufacturer, producer, or any person 
that— 
(A) participates in any business or orga-
nized activity that involves handling marijuana 
or marijuana products, including selling, trans-
porting, displaying, dispensing, or distributing 
marijuana or marijuana products; and 
(B) engages in such activity pursuant to a 
law established by a State, a unit of local gov-
ernment, or an Indian tribe that has jurisdic-
tion over the Indian country in which the activ-
ity occurs; and 
(8) the term ‘‘State’’ means each of the several 
States, the District of Columbia, Puerto Rico, and 
any territory or possession of the United States. 
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TITLE I—FEDERALISM IN 
MARIJUANA POLICY 
SEC. 101. ELIMINATION OF CRIMINAL PENALTIES FOR CER-
TAIN 
PERSONS 
COMPLYING 
WITH 
STATE 
LAW. 
Section 708 of the Controlled Substances Act (21 
U.S.C. 903) is amended— 
(1) by striking ‘‘No provision’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), no provision’’; and 
(2) by adding at the end the following: 
‘‘(b) COMPLIANCE WITH STATE LAW.—Notwith-
standing any other provision of law, the provisions of this 
title relating to marihuana shall not apply to any person 
acting in compliance with State law or the law of the In-
dian tribe that has jurisdiction over the Indian country, 
as defined in section 1151 of title 18, United States Code, 
where the conduct occurs relating to— 
‘‘(1) the production, possession, distribution, 
dispensation, administration, laboratory testing, or 
delivery of marihuana; or 
‘‘(2) the provision of ancillary services related 
to the activities described in paragraph (1), such as 
legal representation, payment processing, adver-
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tising, security services, scientific and safety testing, 
or property leasing.’’. 
TITLE II—REMOVING BUSINESS 
AND BANKING BARRIERS 
SEC. 201. ALLOWANCE OF DEDUCTIONS AND CREDITS RE-
LATING TO EXPENDITURES IN CONNECTION 
WITH MARIJUANA SALES CONDUCTED IN 
COMPLIANCE WITH STATE LAW. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Small Business Tax Equity Act of 2017’’. 
(b) ALLOWANCE.—Section 280E of the Internal Rev-
enue Code of 1986 is amended by inserting before the pe-
riod at the end the following: ‘‘, unless such trade or busi-
ness consists of marijuana sales conducted in compliance 
with State law or the law of the Indian tribe, as defined 
in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304), that has jurisdic-
tion over the Indian country, as defined in section 1151 
of title 18, where the trade or business is conducted’’. 
(c) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to taxable years end-
ing after the date of the enactment of this Act. 
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SEC. 202. MARIJUANA PRINT ADVERTISING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Marijuana Advertising In Legal States Act’’ or the 
‘‘MAILS Act’’. 
(b) 
MARIJUANA
PRINT
ADVERTISING.—Section 
403(c)(1) of the Controlled Substances Act (21 U.S.C. 
843(c)(1)) is amended by adding at the end the following: 
‘‘This paragraph does not apply to an advertisement to 
the extent that the advertisement relates to an activity, 
involving marihuana, that is in compliance with the law 
of the State or the law of the law of the Indian tribe, 
as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304), that has 
jurisdiction over the Indian country, as defined in section 
1151 of title 18, United States Code, in which that activity 
takes place.’’. 
SEC. 203. SAFE HARBOR FOR MARIJUANA BROADCAST AD-
VERTISING. 
(a) COMMUNICATIONS ACT OF 1934.—Section 309 of 
the Communications Act of 1934 (47 U.S.C. 309) is 
amended by adding at the end the following: 
‘‘(m) SAFE HARBOR FOR MARIJUANA BROADCAST 
ADVERTISING.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered activity’ means the 
production, possession, sale, distribution, dis-
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pensation, administration, processing, or labora-
tory testing of marijuana; 
‘‘(B) the term ‘Indian country’ has the 
meaning given the term in section 1151 of title 
18, United States Code; 
‘‘(C) the term ‘Indian tribe’ has the mean-
ing given the term in section 4 of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 5304); 
‘‘(D) the term ‘marijuana’ has the mean-
ing given the term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802); and 
‘‘(E) the term ‘media of mass communica-
tions’ has the meaning given the term in sub-
section (i)(3)(C). 
‘‘(2) SAFE HARBOR.—In determining whether 
to grant an application for a license or permit (in-
cluding for the renewal of a license or permit) under 
this section, the Commission shall not consider the 
broadcast by any medium of mass communications 
of any advertising or other information pertaining to 
any aspect of a covered activity to be contrary to the 
public interest, convenience, and necessity, if the 
covered activity, and the advertising thereof, does 
not violate the law of— 
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‘‘(A) the State, or the Indian tribe that 
has jurisdiction over the Indian country, in 
which the transmission point of the subject me-
dium of mass communications is located; or 
‘‘(B) with respect to a radio or television 
station, the State, or the Indian tribe that has 
jurisdiction over the Indian country, in which 
the station’s community of license is or is pro-
posed to be located.’’. 
(b) CONTROLLED SUBSTANCES ACT.—Section 708 of 
the Controlled Substances Act (21 U.S.C. 903), as amend-
ed by section 101, is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsections (b) and (c)’’; 
(2) in subsection (b), by striking ‘‘Notwith-
standing’’ and inserting ‘‘Subject to subsection (c) 
and notwithstanding’’; and 
(3) by adding at the end the following: 
‘‘(c) COMPLIANCE WITH STATE OR TRIBAL LAW RE-
LATING TO MARIJUANA BROADCAST ADVERTISING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding any other provision 
of law, the provisions of this title relating to mari-
juana shall not apply to the broadcast by any me-
dium of mass communications of any advertising or 
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other information pertaining to any aspect of a cov-
ered activity if the covered activity, and the adver-
tising thereof, does not violate the law of— 
‘‘(A) the State, or the Indian tribe that 
has jurisdiction over the Indian country, in 
which the transmission point of the subject me-
dium of mass communications is located; or 
‘‘(B) with respect to a radio or television 
station, the State, or the Indian tribe that has 
jurisdiction over the Indian country, in which 
the station’s community of license is located. 
‘‘(2) BROADCASTS
CALCULATED
TO
INDUCE 
TRAVEL
FROM
NON-LEGAL
JURISDICTIONS.—Para-
graph (1) shall not apply to the broadcast by any 
medium of mass communications of any advertising 
or other information pertaining to any aspect of a 
covered activity that is calculated to induce residents 
of a non-legal jurisdiction to travel to another State 
or other area of Indian country to purchase mari-
juana. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘covered activity’ means the pro-
duction, possession, sale, distribution, dispensation, 
administration, processing, or laboratory testing of 
marijuana; 
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‘‘(2) the term ‘Indian country’ has the meaning 
given the term in section 1151 of title 18, United 
States Code; 
‘‘(3) the term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
5304); 
‘‘(4) the term ‘media of mass communications’ 
has the meaning given the term in section 
309(i)(3)(C) of the Communications Act of 1934 (47 
U.S.C. 309(i)(3)(C)); and 
‘‘(5) the term ‘non-legal jurisdiction’ means— 
‘‘(A) a State in which the purchase of 
marijuana is prohibited under State law; or 
‘‘(B) Indian country in which the purchase 
of marijuana is prohibited under the law of the 
Indian tribe that has jurisdiction over the In-
dian country.’’. 
SEC. 204. ACCESS TO BANKING. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Federal banking regulator’’ 
means each of the Board of Governors of the Fed-
eral Reserve System, the Bureau of Consumer Fi-
nancial Protection, the Federal Deposit Insurance 
Corporation, the Office of the Comptroller of the 
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Currency, the National Credit Union Administra-
tion, or any Federal agency or department that reg-
ulates banking or financial services, as determined 
by the Secretary of the Treasury; 
(2) the term ‘‘financial service’’ means a finan-
cial product or service as defined in section 1002 of 
the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5481); 
(3) the term ‘‘manufacturer’’ means a person 
who manufactures, compounds, converts, processes, 
prepares, or packages marijuana or marijuana prod-
ucts; 
(4) the term ‘‘producer’’ means a person who 
plants, cultivates, harvests, or in any way facilitates 
the natural growth of marijuana. 
(b) SAFE
HARBOR
FOR
DEPOSITORY
INSTITU-
TIONS.—A Federal banking regulator may not— 
(1) terminate or limit the deposit insurance of 
a depository institution under the Federal Deposit 
Insurance Act (12 U.S.C. 1811 et seq.) or the Fed-
eral Credit Union Act (12 U.S.C. 1751 et seq.) sole-
ly because the depository institution provides or has 
provided financial services to a marijuana-related 
business; 
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(2) prohibit, penalize, or otherwise discourage a 
depository institution from providing financial serv-
ices to a marijuana-related business; 
(3) recommend, incentivize, or encourage a de-
pository institution not to offer financial services to 
a person, or to downgrade or cancel the financial 
services offered to a person solely because— 
(A) the person is a manufacturer or pro-
ducer of marijuana; 
(B) the person is the owner, operator, or 
an employee of a marijuana-related business; 
(C) the person later becomes an owner, op-
erator, or employee of a marijuana-related busi-
ness; or 
(D) the depository institution was not 
aware that the person is the owner, operator, or 
an employee of a marijuana-related business; or 
(4) take any adverse or corrective supervisory 
action on a loan to an owner, operator, or employee 
of— 
(A) a marijuana-related business solely be-
cause the owner, operator, or employee is an 
owner, operator, or employee of a marijuana-re-
lated business; or 
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(B) real estate or equipment that is leased 
to a marijuana-related business solely because 
the owner or operator of the real estate or 
equipment leased the real estate or equipment 
to a marijuana-related business. 
(c) PROHIBITION ON DENYING MASTER ACCOUNTS 
TO DEPOSITORY INSTITUTIONS BECAUSE OF MARIJUANA- 
RELATED FUNDS.—Notwithstanding any other provision 
of law, the Board of Governors of the Federal Reserve 
System may not deny a master account to a depository 
institution solely on the basis that the depository institu-
tion accepts deposits of funds from marijuana-related 
businesses. 
(d) PROTECTIONS UNDER FEDERAL LAW.— 
(1) INVESTIGATION AND PROSECUTION.—A de-
pository institution that provides financial services 
to a marijuana-related business, or the officers, di-
rectors, and employees of that business, shall be im-
mune from Federal criminal prosecution or inves-
tigation for providing those services. 
(2) FEDERAL CRIMINAL LAW.—A depository in-
stitution that provides financial services to a mari-
juana-related business, or the officers, directors, and 
employees of that business, shall not be subject to 
a criminal penalty under any Federal law solely for 
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providing those services or for further investing any 
income derived from such services. 
(3) FORFEITURE.—A depository institution 
that has a legal interest in the collateral for a loan 
made to an owner, operator, or employee of a mari-
juana-related business, or to an owner or operator of 
real estate or equipment that is leased to a mari-
juana-related business, shall not be subject to crimi-
nal, civil, or administrative forfeiture of that legal 
interest pursuant to any Federal law for providing 
such loan. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion requires a depository institution to provide financial 
services to a marijuana-related business. 
SEC. 205. REQUIREMENTS FOR FILING SUSPICIOUS ACTIV-
ITY REPORTS. 
(a) DEFINITION.—In this section, the term ‘‘deposit 
account records’’— 
(1) means account ledgers, signature cards, cer-
tificates of deposit, passbooks, corporate resolutions 
authorizing accounts in the possession of the deposi-
tory institution, and other books and records of the 
depository institution, including records maintained 
by computer, which relate to the depository institu-
tion’s deposit taking function; and 
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