I 
114TH CONGRESS 
1ST SESSION H. R. 2076 
To create protections for depository institutions that provide financial services 
to marijuana-related businesses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2015 
Mr. PERLMUTTER (for himself, Mr. HECK of Washington, Mr. POLIS, Mr. 
JEFFRIES, Mr. BLUMENAUER, Mr. RANGEL, Ms. DEGETTE, Ms. NOR-
TON, Mr. MCGOVERN, Ms. TITUS, Mr. PETERS, Ms. DELBENE, Ms. 
BROWNLEY of California, Ms. LOFGREN, Mr. COFFMAN, Ms. PINGREE, 
Mr. SHERMAN, and Ms. SINEMA) 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, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marijuana Businesses 
Access to Banking Act of 2015’’. 
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SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. 
A Federal banking regulator may not— 
(1) terminate or limit the deposit insur-
ance or share insurance of a depository institu-
tion under the Federal Deposit Insurance Act 
(12 U.S.C. 1811 et seq.) or the Federal Credit 
Union Act (12 U.S.C. 1751 et seq.) solely be-
cause the depository institution provides or has 
provided financial services to a marijuana-re-
lated legitimate business; 
(2) prohibit, penalize, or otherwise discour-
age a depository institution from providing fi-
nancial services to a marijuana-related legiti-
mate business; 
(3) recommend, incentivize, or encourage a 
depository institution not to offer financial serv-
ices to an individual, or to downgrade or cancel 
the financial services offered to an individual 
solely because— 
(A) the individual is a manufacturer 
or producer, or is the owner or operator of 
a marijuana-related legitimate business; 
(B) the individual later becomes an 
owner or operator of a marijuana-related 
legitimate business; or 
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(C) the depository institution was not 
aware that the individual is the owner or 
operator of a marijuana-related legitimate 
business; and 
(4) take any adverse or corrective super-
visory action on a loan made to an owner or op-
erator of— 
(A) a marijuana-related legitimate 
business, solely because the owner or oper-
ator owns or operates a marijuana-related 
legitimate business; or 
(B) real estate or equipment that is 
leased to a marijuana-related legitimate 
business, solely because the owner or oper-
ator of the real estate or equipment leased 
the equipment or real estate to a mari-
juana-related legitimate business. 
SEC. 3. PROTECTIONS UNDER FEDERAL LAW. 
(a) IN GENERAL.—In a State or political subdivision 
of a State that allows the cultivation, production, manu-
facture, sale, transportation, display, dispensing, distribu-
tion, or purchase of marijuana pursuant to a law or regu-
lation of such State or political subdivision, a depository 
institution that provides financial services to a marijuana- 
related legitimate business, and the officers, directors, and 
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employees of that depository institution may not be held 
liable pursuant to any Federal law or regulation— 
(1) solely for providing such financial services 
pursuant to the law or regulation of such State or 
political subdivision; or 
(2) for further investing any income derived 
from such financial services. 
(b) FORFEITURE.—A depository institution that has 
a legal interest in the collateral for a loan made to an 
owner or operator of a marijuana-related legitimate busi-
ness, or to an owner or operator of real estate or equip-
ment that is leased to a marijuana-related legitimate busi-
ness, shall not be subject to criminal, civil, or administra-
tive forfeiture of that legal interest pursuant to any Fed-
eral law for providing such loan. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act shall require a depository institu-
tion to provide financial services to a marijuana-related 
legitimate business. 
SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY 
REPORTS. 
Section 5318(g) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(5) REQUIREMENTS FOR MARIJUANA-RELATED 
BUSINESSES.— 
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‘‘(A) IN GENERAL.—If a financial institu-
tion or any director, officer, employee, or agent 
of a financial institution reports a suspicious 
transaction pursuant to this subsection, and the 
reason for the report relates to a marijuana-re-
lated business, the Secretary shall require that 
such report complies with the requirements of 
the guidance issued by the Financial Crimes 
Enforcement Network titled ‘BSA Expectations 
Regarding 
Marijuana-Related 
Businesses’ 
(FIN–2014–G001; published on February 14, 
2014). The Secretary may issue additional reg-
ulations or guidance as necessary to ensure that 
reports of suspicious transactions do not inhibit 
the provision of financial services to marijuana- 
related legitimate businesses in a State or polit-
ical subdivision of a State that has allowed the 
cultivation, 
production, 
manufacture, 
sale, 
transportation, display, dispensing, distribution, 
or purchase of marijuana pursuant to law or 
regulation of such State or political subdivision. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘marijuana-related legitimate business’ has 
the meaning given such term in the Marijuana 
Businesses Access to Banking Act of 2015.’’. 
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SEC. 6. DEFINITIONS. 
In this Act: 
(1) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ means— 
(A) a depository institution as defined in 
section 3(c) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(c)); 
(B) a Federal credit union as defined in 
section 101 of the Federal Credit Union Act 
(12 U.S.C. 1752); or 
(C) a State credit union as defined in sec-
tion 101 of the Federal Credit Union Act (12 
U.S.C. 1752). 
(2) 
FEDERAL
BANKING
REGULATOR.—The 
term ‘‘Federal banking regulator’’ means each of the 
Board of Governors of the Federal Reserve System, 
the Bureau of Consumer Financial Protection, the 
Federal Deposit Insurance Corporation, the Office of 
the Comptroller of the Currency, the National Credit 
Union Administration, or any Federal agency or de-
partment that regulates banking or financial serv-
ices, as determined by the Secretary of the Treas-
ury. 
(3) FINANCIAL SERVICE.—The term ‘‘financial 
service’’ means a financial product or service as de-
fined in section 1002 of the Dodd-Frank Wall Street 
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Reform and Consumer Protection Act (12 U.S.C. 
5481). 
(4) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who manufactures, com-
pounds, converts, processes, prepares, or packages 
marijuana or marijuana products. 
(5) MARIJUANA-RELATED
LEGITIMATE
BUSI-
NESS.—The 
term 
‘‘marijuana-related 
legitimate 
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 cultivating, 
producing, manufacturing, selling, transporting, 
displaying, dispensing, distributing, or pur-
chasing marijuana or marijuana products; and 
(B) engages in such activity pursuant to a 
law or regulation of by a State or a political 
subdivision of a State. 
(6) MARIJUANA.—The term ‘‘marijuana’’ has 
the meaning given the term ‘‘marihuana’’ in section 
102 of the Controlled Substances Act (21 U.S.C. 
802). 
(7) MARIJUANA
PRODUCT.—The term ‘‘mari-
juana product’’ means any article which contains 
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marijuana, including an article which is a con-
centrate, an edible, a tincture, a marijuana-infused 
product, or a topical. 
(8) PRODUCER.—The term ‘‘producer’’ means a 
person who plants, cultivates, harvests, or in any 
way facilitates the natural growth of marijuana. 
(9) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, Puerto 
Rico, and any territory or possession of the United 
States. 
Æ 
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