By Jesse Mondry, Attorney at Harris Bricken
Oregon’s governor recently vetoed an effort to create a state bank for marijuana businesses, in another blow to the struggling industry. The lack of consistent, equitable access to banking has been recurring issue for Oregon marijuana businesses and those in other states. Federal reform through the Secure and Fair Enforcement Banking Act (SAFE Act) has languished in the Senate for years. Again, the SAFE Act would “permit financial institutions to provide banking services to cannabis-related businesses even though marijuana remains federally illegal. Despite the tidal wave of legalization at the state level, financial institutions remain wary of providing banking services to these businesses because of the state/federal conflict of law and these institutions innate risk-avoidant nature.” But it has gone nowhere and we question if it ever will. Probably not.
This legislative session, Oregon considered creating a State Public Bank Task Force in HB 2673. The bill directed the task force to study and make recommendations concerning the establishment of a public state bank. The bill expressly directed the task force to investigate the provision of financial services for cannabis businesses. As we wrote previously, “a state public bank could be a real boon for licensed Oregon cannabis businesses.” But we doubted Oregon would actually follow through with providing marijuana businesses access to reliable, efficient banking services through a state bank.
Unfortunately, Governor Kotek vetoed the legislation, citing so-called “logistical challenges.” A blurb on the state government website gave the following explanation: “Reason for possible objection: While the Governor supports exploring the creation of a state bank, this bill has several logistical challenges, including directing the Oregon Business Development Department (OBDD), which already manages over 80 programs, to manage a new task force, establish an RFP process, and finalize a substantive report on an abbreviated timeline.”
While the veto is bad news in the near term, all may not be lost if Governor Kotek truly does support creating a state bank. Legislators may be able to craft legislation next session that addresses her concerns. But that session and the report is a long way off in “business years” and is just the first step toward creating a state bank that would serve marijuana businesses.
The veto is another blow to Oregon’s struggling marijuana industry. Cannabis businesses and their owners face significant difficulties in finding cost-effective financial solutions. This goes way beyond simple debits and credits to a bank account. The lack of government support to providing financial services to the billion dollar marijuana industry affects the ability to raise capital, the ability to expand, and even—in some circumstances—the ability of owners to obtain financing to purchase a home. Even businesses indirectly connected to the marijuana industry have found it difficult to maintain banking relationships.
The bill would have required the task force to submit findings and recommendations by September 1, 2024. To the extent Governor Kotek objected to this timeline as “abbreviated,” her office ought to have reached out to the sponsors of HB 2673 and other legislators to propose changes to the bill before it was sent to her desk. Once again, the State of Oregon appears disinterested in taking actions to support an industry that generates hundreds of millions in tax revenue and supports many hundreds of livelihoods. Too bad.
Re-published with the permission of Harris Bricken and The Canna Law Blog
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