US House Committee Passes First-Ever Marijuana Banking Bill
The bill, approved by the House Committee on Financial Services, is a top priority for a marijuana industry largely shut out of mainstream banking.
March 28, 2019 at 11:54 AM
4 minute read
The original version of this story was published on National Law Journal
U.S. House Democrats on Thursday advanced legislation to give cannabis businesses greater access to banking, approving protections for financial institutions for the first time in six years of legislative attempts.
The Secure and Fair Enforcement Banking Act would offer legal safe harbor for banks and credit unions that choose to serve state-approved marijuana-related businesses if they comply with a set of reporting requirements.
The bill, approved by the House Committee on Financial Services in a 45-15 vote, is a top priority for a marijuana industry largely shut out of mainstream banking and forced to deal in large sums of cash.
"What we've done is draft a piece of legislation that is narrowly confined to the financial services industry so that … businesses that are legitimate in their states can get legitimate banking services—credit cards, payroll, checking accounts, lending," said Rep. Ed Perlmutter, D-Colorado, one of the bill's lead authors. "Because we've seen that across the country, huge piles of cash are developed by these businesses and particularly create real public safety hazards."
Democratic control of the House has provided a friendlier environment for marijuana bills such as the Secure and Fair Enforcement Banking Act, which in previous congresses had been bottled up by the key Republican chairman.
➤➤ Get the latest cannabis lawyering, compliance and commentary straight to your inbox with Higher Law, a new Law.com briefing. Learn more and sign up here.
California Democrat Maxine Waters now chairs the Financial Services Committee and has expressed support for measures to protect state-regulated marijuana. At Waters' request, Perlmutter added language to his bill Wednesday to require banking regulators to report annually on the availability of banking services to minority- and women-owned cannabis businesses.
"I also consider this bill as part of a holistic approach toward providing criminal justice reform to those who have been harmed by criminalization of marijuana and should not by any means be the only bill the House takes up on the important issue of cannabis reform," Waters said.
Perlmutter said he had 151 co-sponsors for his legislation, including some Republicans. Many Republicans on the Financial Services Committee, however, opposed the bill and tried unsuccessfully during Wednesday's marathon markup session to attach hostile amendments.
"We need to ensure that we're doing our due diligence before proceeding," said North Carolina Rep. Patrick McHenry, the ranking Republican member of the committee. "One committee hearing is not enough to fully understand the consequences of this bill. It is a massive change in federal policy."
At the end of 2018, 551 banks and credit unions across the country reported serving marijuana-related businesses, according to the U.S. Department of the Treasury's Financial Crimes Enforcement Network.
"The SAFE Banking Act would go a long way toward improving safety, transparency, access, and justice in the cannabis industry," said Aaron Smith, executive director of the National Cannabis Industry Association. "The amendments agreed upon in committee should solidify the already overwhelming support for this legislation in the House. The cannabis and financial services industries have been waiting for clarification and protection for far too long, and we are confident the House would approve this bill if allowed to vote on it without further delay."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readWill Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
FTC, DOJ Withdrawal of Antitrust Guidelines for Collaboration Infuriates Republicans
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250