Mr. Speaker, I submit the following letters of endorsement for H.R. 1996, the SAFE Banking Act of 2021. American Trade Association for Cannabis and Hemp, April 19, 2021. Re Support For SAFE Banking Act Legislation. Hon. Charles Schumer,…
Mr. Speaker, I submit the following letters of endorsement for H.R. 1996, the SAFE Banking Act of 2021.
American Trade Association
for Cannabis and Hemp,
April 19, 2021.
Re Support For SAFE Banking Act Legislation.
Hon. Charles Schumer,
Senate Majority Leader,
U.S. Senate, Washington, DC.
Hon. Nancy Pelosi,
Speaker of the House,
House of Representatives, Washington, DC.
Hon. Mitch McConnell,
Senate Minority Leader,
U.S. Senate, Washington, DC.
Hon. Kevin McCarthy,
House Minority Leader,
House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Senate Minority Leader
McConnell, Speaker Pelosi, and House Minority Leader
McCarthy: We write to you today in support of the SAFE
Banking Act, legislation that will permit banks to provide
services to state regulated marijuana businesses, employees,
and ancillary businesses.
Unfortunately, under current federal law and regulations,
state licensed and compliant cannabis businesses are unable
to access banking services and are forced to operate
primarily in cash. This creates an unnecessary risk to public
safety for store operators, employees, and customers.
As we continue to see more states and territories move
forward with the regulation of some form of adult-use
marijuana, medical marijuana, or hemp derived CBD, it is
essential to address the crisis the industry faces to access
banking.
The threats faced by financial institutions of potential
criminal prosecution for working with marijuana businesses as
a result of the Controlled Substances Act are unacceptable
and outdated.
We strongly support the passage of the SAFE Banking Act and
it is our hope that Congress will act swiftly.
Sincerely,
American Trade Association for Cannabis and Hemp, Missouri
Medical Cannabis, Georgia Cannabis Trade Association,
Washington Cannabusiness Association, Alaska Marijuana
Industry Association, MTCIA.
New Jersey Cannabis Trade Association, PCC, MICIA, Colorado
Leads, HICIA, Southern California Coalition.
Maryland Wholesale Medical Cannabis Trade Association,
Commonwealth Dispensary Association, DC Cannabis Trade
Association, Cannabiz, Nevada Dispensary Association.
American Bankers Association,
Washington, DC, April 19, 2021.
Hon. Nancy Pelosi,
Speaker of the House,
House of Representatives, Washington, DC.
Hon. Kevin McCarthy,
Minority Leader,
House of Representatives, Washington, DC.
Dear Speaker Pelosi and Minority Leader McCarthy: On behalf
of the American Bankers Association (ABA), I am writing to
express our strong support for H.R. 1996, the Secure and Fair
Enforcement Banking Act (SAFE Banking Act) of 2021 introduced
by Representatives Ed Perlmutter (D-CO), Steve Stivers (R-
OH), Warren Davidson (R-OH), Nydia Velazquez (D-NY) and over
150 bipartisan cosponsors.
This legislation, scheduled for consideration on this
week's suspension calendar, addresses the conflict between
federal and state law and whether banks can serve cannabis
and cannabis related businesses. This issue has become a
challenge for so many of our nation's communities and the
banks that serve them. We were pleased to see this
legislation passed the House of Representatives last Congress
with over 300 bipartisan votes. With more states legalizing
some form of cannabis use, we are hopeful that H.R. 1996 will
once again receive a favorable and strong bipartisan vote.
Since 1996, voters across the country have determined that
it is appropriate to allow their citizens to use cannabis for
medical purposes and, since 2012, for adult use. Currently,
36 states have legalized cannabis for medical or adult use
and that number continues to grow. Nevertheless, current
federal law prevents banks from safely banking cannabis
businesses, as well as the ancillary businesses that provide
them with goods and services.
As a result, a majority of states are struggling to address
the significant challenges to public safety, as well as
regulatory and tax compliance that go hand-in-hand with
businesses forced to operate in an all-cash environment.
Providing a mechanism for the cannabis industry to access the
banking system would help those communities reduce cash-
motivated crimes, increase the efficiency of tax collections,
and improve the financial transparency of the cannabis
industry. Since bank accounts are monitored in accordance
with existing anti-money laundering and Bank Secrecy Act
requirements, bringing cannabis-related legitimate businesses
into the mainstream banking sector would also help law
enforcement to identify suspicious transactions--an
opportunity that is not available in an all-cash environment.
ABA does not take a position on the legalization of
cannabis. Nevertheless, our member banks find themselves in a
difficult situation due to the conflict between state and
federal law, with local communities encouraging them to bank
cannabis businesses and federal law prohibiting it. Congress
must act to resolve this conflict between state and federal
law.
The Controlled Substances Act (21 U.S.C. Sec. 801 et seq.)
classifies cannabis as an illegal drug and prohibits its use
for any purpose. For banks, that means that all proceeds
generated by a cannabis-related business, even when it is
operating in compliance with state law, are unlawful proceeds
under federal law, and so any attempt to conduct a financial
transaction with that money (including simply accepting a
deposit) can be considered money-laundering. All banks,
whether state or federally chartered, are subject to federal
anti-money laundering laws. And, all banks must have access
to the federal payment system to operate, which is under the
purview of federal authority. Thus, banking entities related
to the cannabis business can pose significant regulatory
sanction risk, loss of access to the payments system, and the
potential loss of the bank charter itself. This places banks
in an untenable position in dealing with these state-
authorized businesses.
Currently, the only direction available to financial
institutions in connection with cannabis-related accounts
comes from guidance issued by the Financial Crimes
Enforcement Network (FinCEN) in 2014. That guidance, which
references a now rescinded memorandum from the U.S.
Department of Justice (the ``Cole Memo''), describes how
financial institutions can report cannabis-related business
activity consistent with their Bank Secrecy Act obligations.
It does not create a safe harbor or otherwise modify federal
law to protect banks from criminal and civil liability for
money laundering. It merely creates a system for reporting
activity that is illegal under federal law but otherwise
legal under state law.
Although some financial institutions have weighed the
prevailing climate of non-enforcement and have decided to
shoulder the risk in order to serve the needs of their
communities, the majority of financial institutions will not
take the legal, regulatory, or reputational risk associated
with banking cannabis-related businesses without
congressional action. As a result, state-legal businesses are
being excluded from the mainstream financial system.
The problems, though, are not limited to those businesses
that have direct contact with the marijuana plant, such as
growers and dispensaries. The impact of the divide between
state and federal law extends to any person or business that
derives revenue from a cannabis firm--including real estate
owners, security firms, utilities, vendors and employees of
cannabis businesses, as well as investors. As the legal
state-cannabis industry continues to grow, the indirect
connections to cannabis revenues will also continue to
expand. Without greater clarity, that entire portion of
economic activity in legal cannabis states will continue to
be marginalized from the banking system.
The bipartisan SAFE Banking Act would be an important step
toward enabling financial services for cannabis-related
businesses. The bill specifies that proceeds from a
legitimate cannabis business would not be considered unlawful
under federal money laundering statutes or any other federal
law, which is necessary to allow the provision of financial
services to cannabis-related legitimate businesses as well as
any ancillary businesses that derive some portion of their
income from those businesses. The bill would also direct
FinCEN, and the federal banking regulators through the
Federal Financial Institutions Examination Council, to issue
guidance and exam procedures for banks doing business with
cannabis-related legitimate businesses. Explicit, consistent
direction from federal financial regulators will provide
needed clarity for banks and help them better evaluate the
risks and supervisory expectations for cannabis-related
customers. The SAFE Banking Act is not a cure all for the
cannabis banking challenge, but it is a measure that helps
clarify many issues for the banking industry and regulators.
ABA is pleased to support the SAFE Banking Act and urges
members of the House of Representatives to vote in favor of
this legislation when it is brought up on this week's
suspension calendar.
Sincerely,
Rob Nichols.