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Banking the Cannabis Industry: Takeaways from the California Cannabis Banking Working Group

The countdown to launch the largest new market for recreational sales in the cannabis industry is almost here and the state of California still doesn’t have an answer to the million dollar question – “How do we bank the cannabis industry?”

Without access to banks, this industry struggles with safety – transporting large amounts of cash to pay taxes, fees, licenses, employees, and other normal operating costs, sometimes traveling and transporting the money great distances. There is the continued need for accountability – keeping accurate records of sales and products to satisfy regulators.

And the challenge regarding business management? Think about it – in an increasingly digital society with credit cards, online shopping, and making payments on a mobile phone, when is the last time you carried cash in your pocket? I’ve been honored to lend my expertise to California State Treasurer John Chiang’s Cannabis Banking Working Group, meeting around the state hearing from experts and the public, to find workable solutions to the challenges facing this industry. Our sixth and final working group meeting on August 10th in Los Angeles focused on the controversial, but necessary, subject of public banking.

While California has been a leader in the cannabis industry for several years, other states are now doing their part to ensure these businesses are able to contribute to their economy like any other business model. Oregon, for example, just passed landmark cannabis legislation last year to exempt any bank or credit unions from any state liability for conducting financial services for legal, state-regulated cannabis businesses.

While this doesn’t fix the federal liability issues pertaining to cannabis, this is an incremental first step in the inclusion of an industry that simply wants to use bank accounts to safely and efficiently pay their taxes. While Oregon is taking steps toward progress for this industry, more needs to be done to ensure banking is a long-term viable option.

California has the opportunity to once again lead the way in this industry and become the first large state to create a public bank. We’ve led the charge and have become a world leader for clean energy and climate change; it’s time we meet the challenge on financial services and lead the way for creating a bank that could simultaneously benefit California and taxpayers. This state bank could provide loans to small businesses, utilize smart safes, and allow cash-based industries to directly deposit tax and fee payments into the state account. The money used to finance loans could help bolster other needed programs like health care, affordable housing, public safety and environmental protection.

The unbanked industry leads to a cash-driven industry. Vendors, state agencies and employees are paid by cash. It is not guaranteed that all this cash is reported, which impacts families with children. An employee who gets paid by cash and is subject to paying child support may not report their income. This person may no longer be held accountable to their family obligation because there are no bank or payroll records to prove their income.

This issue could be resolved with the state utilizing the established bank system to improve the child support collection system, and provide safe anonymous banking to domestic violence victims, by partnering with the Safe at Home program at the secretary of state’s office. It could increase accountability since the state could better audit and track payments from cash-based businesses, ensuring they are paying their fair share of taxes.

Better tracking could also increase workplace compliance by enabling regulators to check if proper employment standards such as worker safety were being implemented. And unlike a private bank, the state bank would be self-insured and able to work with the cannabis industry.

Another benefit is transparency. Since the state bank is a public bank, it would be under scrutiny by lawmakers, regulators, and the public, with the governor being ultimately accountable. Perhaps it could use the existing i-bank structure since the governor and the treasurer, among others, have a seat at the table in its formulation.

California could model the state of Washington by requiring background checks from people applying for licenses to assess if they are a credit risk, creating a buddy system to work with the state bank and/or private institutions, providing due diligence on the companies.

There are many potential options. I look forward to the report from the treasurer’s Cannabis Banking Working Group on recommendations on how California could implement solutions.

While there are still details that need to be worked out to make this closed-system bank work due to federal guidelines, there are other, smaller options we could introduce to help the cannabis industry pay their taxes and flourish more expediently. One helpful tool to consider is the use of kiosks in places like state offices around California. While the large payments wouldn’t be feasible here, smaller taxes and fees could be paid by industry operators so they wouldn’t have to travel long distances to make these payments safely, and state agencies would be able to process them quickly and accurately.

In addition, we need to consolidate the myriad of taxes and fees paid by the industry to different agencies.  Services should be expanded at the California Department of Tax and Fee Administration (CDTFA) to allow them to efficiently collect and process tax and fee payments from a variety of sources and integrate them with a track and trace program.

While there are certain challenges we must face to make these ideas a reality, it is our duty to ensure we strategically propose the best approach and implement it successfully. I’ve been honored to work with Treasurer Chiang’s working group, and trust that after our last meeting, we will have all the tools we need to do what is best for California, the cannabis industry, and our taxpayers.

Imagining success and planning for the future is key to continuing California’s economic growth. After all, the journey of a thousand miles begins with that first step.

Fiona Ma

Fiona Ma

About Fiona Ma, CPA, State Board of Equalization

Assembly Speaker pro Tempore Emeritus Fiona Ma was elected to the State Board of Equalization (SBOE) on November 5, 2014 and represents close to 10 million people in 23 counties from the Oregon border to Santa Barbara County. The 5,000 person tax agency affects every taxpayer in California and has broad regulatory and adjudicatory powers and is the only elected tax board in America.

Ms. Ma was elected to represent the 12th Assembly District from November 2006 to November 2012 (after serving the maximum three terms). She was the #112 woman to ever be elected to the California Legislature and the first Asian woman to ever serve as Speaker pro Tempore since 1850 (first Legislature). Ms. Ma first became interested in politics as a small business owner advocating on behalf of other small businesses. She was an elected delegate to the 1995 White House Conference on Small Business under President Bill Clinton and later was elected a member of the San Francisco Board of Supervisors from 2002-2006.

In the Assembly, Ms. Ma authored groundbreaking legislation to protect consumers, prevent the spread of Hepatitis B, and increase access to quality healthcare. As a joint author of Proposition 1-A (Nov 2008), she was the legislature’s leading advocate to bring high-speed trains to California. Additionally, Ms. Ma has been and continues to be a leader in promoting trade and fostering relationships between California and Asia.

Ms. Ma received her B.S. from the Rochester Institute of Technology (NY), her M.S. in Taxation from Golden Gate University (SF), and an MBA from Pepperdine University. She has been licensed in California as a Certified Public Accountant (CPA) since 1992. Fiona can be reached at [email protected].

This Post Has 2 Comments
  1. Great Idea! But let’s actually put this idea in practice. I have an idea to do just this. I am a former Commissioned Officer of the U.S. Treasury and I know of ways to keep tract of tax moneys due both the state and federal levels. The bank will be the entity to provide this data and I have the background template to do this. Are you interested in this?

  2. What perplexes me is the Fact the Government (state, county etc.) that would be accepting tax payments from (growers, dispensaries, etc., which is still “Dirty Money”) until these people are allowed to bank legally and their money insured. This money is still Dirty even going into the hands of those excepting tax payments (Government). I want to know why it is okay for the Government to take these funds and put another label on them so they can process them ? Where I come from that is money Laundering, I don’t care who is doing it !! Please don’t answer by saying it’s the Government they can, that does not answer the question.

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