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Is a doctor who prescribes medical marijuana a marijuana-related business (MRB)?

Should a bank consider a physician who prescribes marijuana for medicinal use as a marijuana-related business (MRB)?

FinCEN has taken the informal approach that a MRB is a business that touches the plant. The Small Business Administration (SBA) has a more expansive definition but that only comes into play if the bank is making an SBA loan.

The Controlled Substances Act criminalizes possession or distribution. That would not apply to a doctor unless the doctor also dispenses the drug. Doctors must have a special authorization to prescribe marijuana, but they are generally not MRBs. (March 2019)

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