CLIMB Act

The Capital Lending and Investment for Marijuana Businesses Act, or CLIMB Act, seeks to remove federal impediments to financial and capital market access for state-legal cannabis businesses. It prohibits federal agencies from taking any adverse action against individuals or entities solely for providing a wide range of business assistance to legitimate cannabis-related businesses or their service providers. This assistance includes financial products, insurance, debt or equity capital, accounting, real estate, advertising, legal, and information technology services. Furthermore, the bill amends the Securities Exchange Act of 1934 to establish a safe harbor for national securities exchanges and market participants. This safe harbor explicitly permits them to list, allow trading of, or facilitate offerings of securities issued by cannabis-related legitimate businesses and their service providers. This protection applies notwithstanding the Controlled Substances Act or other federal laws, thereby enabling state-legal cannabis companies to access public capital markets. A cannabis-related legitimate business is defined as one engaged in cannabis activities, such as cultivation, manufacturing, or selling, in compliance with state or local law. A service provider is an entity that offers goods or services to such cannabis businesses, or provides business services like legal or accounting support, without directly engaging in cannabis activities themselves. The Act is designed to take effect 180 days after its enactment, providing a clear timeline for implementation.