Pennsylvania

Financial Institutions

• Banks: 136
• Credit Unions: 348

Banking Guidance

• Per the Pennsylvania Department of Banking and Securities – Marijuana and Banking Resources:

Financial institutions must act in accordance with this Guidance [FIN-2014-G001: BSA Expectations Regarding Marijuana-Related Businesses] and existing FinCEN suspicious activity reporting (SAR) requirements and thresholds on activity involving marijuana related-businesses. For well capitalized, well managed institutions that currently have strong BSA programs, the act of providing banking services to marijuana-related businesses in full compliance with the Guidance will not, in and of itself, prejudice an institution to adverse regulatory treatment from the Department of Banking and Securities, provided the institution establishes and adheres to robust policies and procedures around the handling of funds pertaining to the marijuana-related business activities and the previously mentioned FinCEN guidance.

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PA House Bill No. 331

(c)  No Requirement To Provide Services. — Nothing in this chapter shall require a depository institution, an entity performing a financial service for or in association with a financial institution or an insurer to provide financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business or to any other business.

§5504.  Protections For Financial Institutions, Insurers, Legitimate Cannabis-Related Businesses And Business Associates.

(a)  Actions of government agencies. — No agency or political subdivision of this commonwealth may:

(1)  Prohibit, penalize or otherwise discourage a financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business;

(2)  Recommend, incentivize or encourage a financial institution or insurer not to offer financial or insurance services to an account holder, or downgrade or cancel services provided to the account holder, solely because the account holder is a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business;

(3)  Take adverse or corrective supervisory action on a loan made to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business solely because the loan has been made to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business;

(4)  Prohibit or penalize a financial institution or insurer performing financial or insurance services in association with another financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business; or

(5)  Subject the legal interest of a financial institution in the collateral for a loan or another financial service provided to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business to civil or criminal forfeiture under any laws of this commonwealth or initiate or participate in proceedings for the civil or criminal forfeiture of a legal interest under federal law or under the laws of another state.

(b)  Enforcement Authority. — Nothing in this act shall prevent the department of banking and securities, the insurance department or the attorney general, in a manner consistent with the requirements of section 506 of the act of may 15, 1933 (p.l.565, no.111), known as the department of banking and securities code, from undertaking an enforcement action for compliance with the requirements of section 5503(a) or (b) (relating to services to legitimate cannabis-related businesses) in a manner consistent with subsection (a).

(c)  Criminal Prosecution And Civil Claims. — Subject to subsection (h), no financial institution or insurer, or the directors, officers, employees, agents, owners, shareholders or members of a financial institution or insurer, shall be subject to a criminal prosecution, sanction or claim for damages or any equitable remedy, solely because the institution or insurer is providing financial or insurance services to or for the benefit of a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business.

(d)  Proceeds Of Legitimate Cannabis-Related Business Activities. — The proceeds of any transaction involving the activities of a legitimate cannabis-related business may not be considered proceeds from an unlawful activity, solely because the transaction involves the proceeds from a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business.

(e)  Rights And Privileges. — No legitimate cannabis-related business, or a business associate of a legitimate cannabis- related business, shall be denied any right or privilege by a state agency solely because of the business’s or business associate’s lawful participation in the medical marijuana program established under the act of april 17, 2016 (p.l.84, no.16), known as the medical marijuana act.

(f)  Limited Immunity. — if a legitimate cannabis-related  business fails to provide the notice required under section   5506(a) (relating to required disclosures) to a financial  institution or insurer, the financial institution or insurer  shall not be deemed in violation of this chapter solely because   the financial institution or insurer was not notified and   continued to provide services beyond the date at which such   services should or could have been terminated as a result of the   suspension or revocation of the permit, registration or   certification.

(g)  Exclusion. — This chapter shall not apply to the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution or purchase of cannabis for recreational use within this commonwealth in a manner contrary to the act of april 14, 1972 (p.l.233, no.64), known as the controlled substance, drug, device and cosmetic act, or any actions in violation of the medical marijuana act except as otherwise provided by this chapter.

(h)  Requirements. — The protections provided by this section to a financial institution or insurer and to the directors, officers, employees, agents, owners, shareholders or members of the institution or insurer are subject to the institution’s or insurer’s material compliance with the requirements of section 5503(a) and (b) and reasonable due diligence to determine that a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business is in compliance with the laws of this commonwealth and the laws of  other states in which the cannabis-related business is located, or with any applicable federal laws, which provide authorization for the operation of a legitimate cannabis-related business.

July 12, 2022