WASHINGTON, D.C. – U.S. Senator Angus King (I-Maine) today continued his efforts to ensure legal cannabis businesses can access the same banking services utilized by all other legal businesses. In a letter to Congressional Leadership, King joined a bipartisan group of twenty-three other Senators to call for the inclusion of their Secure and Fair Enforcement (SAFE) Banking Act, which would allow state-legal cannabis business to access banking services, in the final version of competitiveness legislation currently being negotiated between the House and Senate.

The letter highlights how inclusion of the bill would create jobs in states like Maine and make our communities safer.

“The SAFE Banking Act, as included in the House-passed America COMPETES Act, would allow banks, credit unions, and other financial institutions to offer banking services to legally-operating cannabis businesses without fear of punishment by federal regulators,” said the Senators. “Currently, thirty-seven states and the District of Columbia have legalized marijuana for medical use, and eighteen states and the District of Columbia allow adult recreational use. As a result, the cannabis industry has become a powerful job creator and a significant generator of tax revenue. However, financial institutions are often reluctant to transact with cannabis-related businesses, even in states that have some form of legalized cannabis, due to legal and regulatory risks arising from inconsistent federal and state laws.”

“Enacting the SAFE Banking Act via the jobs and competitiveness legislation before us would support a rapidly growing industry that creates jobs, fosters innovation, supports small businesses, and raises revenue in states that have chosen to legalize cannabis, while reducing safety risks to industry employees and the public alike,” the Senators concluded.

Currently, many cannabis businesses operating under state laws that have legalized medicinal or recreational cannabis are denied access to the banking system because they can be prosecuted under federal banking law. Without the ability to access bank accounts, accept credit cards, or write checks, businesses must operate using large amounts of cash. This creates safety risks for businesses and surrounding communities, and creates unnecessary difficulties for local and state governments seeking to collect taxes.

To address the safety concerns resulting from these state legal businesses being shut out of banking services, the SAFE Banking Act would prevent federal banking regulators from:

• Prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated cannabis business, or an associated business (such as an lawyer or landlord providing services to a legal cannabis business);
• Terminating or limiting a bank’s federal deposit insurance solely because the bank is providing services to a state-sanctioned cannabis business or associated business;
• Recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or
• Taking any action on a loan to an owner or operator of a cannabis-related business.

Senator King was an original cosponsor when the SAFE Banking Act was introduced in March of last year.

The full letter can be read here and below.

+++

Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, 

We write to request that the final conferenced American competitiveness, jobs, and innovation package retain the text of the Secure and Fair Enforcement Banking Act (SAFE Banking Act) of 2021 included in the House of Representatives’ American COMPETES Act of 2022. The House has now passed the SAFE Banking Act six times, including most recently as an amendment to its version of the bipartisan competition bill, and we ask you to ensure that the text of that amendment remains in the final conferenced version of the bill to be considered by both the House and the Senate. 

The SAFE Banking Act, as included in the House-passed America COMPETES Act, would allow banks, credit unions, and other financial institutions to offer banking services to legally-operating cannabis businesses without fear of punishment by federal regulators. Currently, thirty-seven states and the District of Columbia have legalized marijuana for medical use, and eighteen states and the District of Columbia allow adult recreational use. As a result, the cannabis industry has become a powerful job creator and a significant generator of tax revenue. However, financial institutions are often reluctant to transact with cannabis-related businesses, even in states that have some form of legalized cannabis, due to legal and regulatory risks arising from inconsistent federal and state laws. Allowing cannabis businesses operating legally and in compliance with state law to access financial services without federal reprisal would address public safety and compliance challenges, helping communities reduce cash-motivated crimes. Law enforcement organizations have publicly testified before Congress about these cash-related safety risks, including theft, robbery, and serious violence perpetrated against employees responsible for conducting what should be routine business operations.2 The same law enforcement organizations also have testified about the importance of moving these large amounts of cash in the cannabis industry into the banking system, where accounts are monitored in accordance with existing federal anti-money laundering laws and the Bank Secrecy Act. Enacting the SAFE Banking Act via the jobs and competitiveness legislation before us would support a rapidly growing industry that creates jobs, fosters innovation, supports small businesses, and raises revenue in states that have chosen to legalize cannabis, while reducing safety risks to industry employees and the public alike. ?  

The House of Representatives already added the SAFE Banking Act as an amendment to the America COMPETES Act by a bipartisan a vote of 262-168, and on February 4, 2022, passed the amended America COMPETES Act by a bipartisan vote of 222 to 210. The standalone legislation on which the amendment is based previously passed the House of Representatives 321-101, garnering the support of more than three-quarters of the chamber and a majority of the members of each party. The bill’s list of co-sponsors is also bipartisan in both the House and the Senate. Given the demonstrated broad support for this measure, we ask you to ensure that the text of the SAFE Banking Act remain in the forthcoming final conferenced version of the jobs and competitiveness bill when it comes to the House and Senate for final votes. This will help cannabis-related businesses, support innovation, create jobs, and strengthen public safety in our communities. We look forward to working with you on this important issue.