12 Pa. C.S. § 5502

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 5502 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Business associate." A person that is a customer or supplier of goods or services to or for the benefit of a legitimate cannabis-related business or an officer or director, owner, operator, shareholder, member, employee, agent or financial backer of a legitimate cannabis-related business.

"Cannabis." Any substance defined as "marihuana" by section 102 of the Controlled Substances Act ( Public Law 91-513, 84 Stat. 1236) or section 2 of the act of April 14, 1972 ( P.L. 233, No.64), known as the Controlled Substance, Drug, Device and Cosmetic Act. The term shall include hemp.

"Cannabis product." A product that contains cannabis, a cannabis extract or a cannabis concentrate, including, but not limited to, edible products, beverages, topicals, ointments, oils, tinctures, capsules, pills, suppositories, inhaled products, a hemp-derived cannabinoid product or a medical marijuana product as defined in section 103 of the act of April 17, 2016 ( P.L. 84, No.16), known as the Medical Marijuana Act.

"Depository institution." As follows:

(1) A depository institution as defined in section 3(C) of the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. § 1811 et seq.);

(2) A federal credit union as defined in section 101 of the Federal Credit Union Act (48 Stat. 1216, 12 U.S.C. § 1751 et seq.); or

(3) A state credit union as defined in section 101 of the Federal Credit Union Act.

"Federal financial regulatory agency." The term includes the Federal Reserve System, the United States Treasury, the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission and the Consumer Financial Protection Bureau.

"Financial institution." A depository institution, trust company, licensee, a person subject to the jurisdiction of a federal financial regulatory agency or a person subject to the jurisdiction of the Department of Banking and Securities under the act of December 5, 1972 ( P.L. 1280, No.284), known as the Pennsylvania Securities Act of 1972.

"Financial service."

(1) The term includes a financial product or service:

(i) As defined by section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( public law 111-203, 12 U.S.C. § 5301 et seq.), regardless of whether the customer receiving the product or service is a consumer or a commercial entity; or

(ii) Permitted to be provided under the authority of:

(A) A national bank or a financial subsidiary under 12 U.S.C. §§ 24 (42 Stat. 767), 24a (113 Stat. 1373) and 92a (76 Stat. 668);

(B) A federal credit union under the federal Credit Union Act;

(C) An incorporated institution under the act of November 30, 1965 ( P.L. 847, No.356), known as the Banking Code of 1965;

(D) A credit union under 17 Pa.C.S. (relating to credit unions);

(E) A person registered, or exempt from registration, to offer or sell any security, or to act as a broker, dealer, transfer agency, clearing agency or investment company under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80B-1 et seq.);

(F) A person registered, or exempt from registration, to:

(I) Offer or sell any security, under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77A et seq.);

(II) Act as an exchange, a broker, dealer, transfer agent or clearing agent under the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § 78A et seq.);

(III) Act as an investment adviser under the Investment Advisers Act of 1940 (54 Stat. 847, 15 U.S.C. § 80B-1 et seq.); or

(IV) Act as an investment company under the Investment Company Act of 1940; or

(G) A person acting as a broker-dealer, agent, investment adviser or investment adviser representative in this Commonwealth under the Pennsylvania Securities Act of 1972.

(2) The term includes a service, whether performed directly or indirectly, authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting or otherwise effectuating or facilitating the payments of funds, where funds payments or funds are made or transferred by any means, including by the use of credit cards, debit cards or other access devices, accounts, original or substitute checks or electronic funds transfers.

"Hemp." As defined under section 297a of the Agricultural Marketing Act of 1946 (132 Stat. 4908, 7 U.S.C. § 1639O ).

"Insurance service." A service authorized to be provided by an insurer in this Commonwealth.

"Insurer." An entity or person authorized by the Insurance Department to transact the business of insurance in this Commonwealth or designated as an eligible surplus lines insurer as defined in section 1602 of the act of May 17, 1921 ( P.L. 682, No.284), known as the Insurance Company Law of 1921. The term includes a person licensed by the Insurance Department to sell, solicit or negotiate insurance, and that person's officers, directors, agents and employees.

"Legitimate cannabis-related business." A person that participates in any business or organized activity that involves handling cannabis or a cannabis product, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing or purchasing cannabis or a cannabis product in compliance with federal law, the laws of this Commonwealth or a law established by another state.

"Licensee." A person defined as a licensee by section 2 of the act of May 15, 1933 ( P.L. 565, No.111), known as the Department of Banking and Securities Code.

"State." Any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa or the United States Virgin Islands or any federally recognized Indian tribe as defined by the Secretary of the Interior under section 104(A) of the federally recognized Indian tribe list act of 1994 ( Public Law 103-454, 25 U.S.C. § 479A-1 ).

"Trust company." The term includes:

(1) A national bank authorized to exercise trust powers as authorized by 12 U.S.C. § 92A;

(2) A trust company as defined by section 102 of the Banking Code of 1965; or

(3) An interstate bank as defined in section 102 of the Banking Code of 1965 authorized to exercise the powers of a trust company in this Commonwealth.

12 Pa.C.S. § 5502

Added by P.L. TBD 2022 No. 56, § 2, eff. 7/11/2022.