Current with changes from the 2024 Legislative Session
Section 36-1503 - Prohibitions on Commisioner of Financial Regulation(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.Added by 2023 Md. Laws, Ch. 255, Sec. 5, eff. 5/3/2023.Added by 2023 Md. Laws, Ch. 254, Sec. 5, eff. 5/3/2023.