Another Step Forward for Cannabis Banking

Cannabis Jul 19, 2019 Denver, CO

Cannabis Banking

On Tuesday July 23, the Senate Committee on Banking, Housing, and Urban Affairs will discuss the growing need to provide banking services to cannabis businesses. The scheduled hearing, titled “Challenges for Cannabis and Banking: Outside Perspectives” has surprised some in the industry considering that Idaho Senator and Senate Banking committee chairman, Mike Crapo, recently stated he would not consider giving this matter a hearing. The redirection was likely motivated by the realization that forcing a multi-billion industry to conduct business on a strictly cash basis poses significant national safety issues.The hearing intends to explore public safety, among other concerns, by discussing the pending Secure and Fair Enforcement (“SAFE”) Banking Act.

Simply stated, the SAFE Banking Act would protect financial institutions providing services to cannabis related businesses operating legally within the parameters of state law. As a result, the protection afforded to financial institutions from federal punishment would provide cash-heavy cannabis businesses the ability to use financial services and avoid becoming easy targets of robberies.

Credit Union National Association President and CEO Jim Nussle illustrated this point by stating, “[a]t its heart, cannabis banking is a public safety issue. It’s an $8.3 billion industry that’s currently being forced to operate almost entirely in cash…We are dedicated to finding a solution to this ongoing challenge that impacts every community around the country, and look forward to working with Senate leaders during this hearing and with Congress at large.”

Prior to the July 23 hearing, the SAFE Banking Act received widespread support among House members with 206 co-sponsors. However, even though the Act has not been officially voted on or approved in the House, concerns over the bill’s passage primarily rest within the Senate, with only 31 sponsors. The Senate’s conservative composition will likely make passage of the Act more difficult. Nonetheless, the Senate’s willingness to seriously consider the SAFE Banking Act by hosting this hearing is indicative of yet another significant shift on the horizon to further the cannabis industry, and illustrates the rapidly increasing bi-partisan support for the cannabis industry.

The hearing is scheduled to take place on Tuesday July 23 at 10:00 a.m. EDT in the Dirksen Senate Office Building and can be seen via live webcast here. For more information on the hearing’s potential implications for cannabis businesses, or any other cannabis banking concerns, please reach out to a Greenspoon Marder attorney today.

About Greenspoon Marder

Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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