By Alan Hanson There are many articles written about the issues surrounding banking Marijuana-Related Businesses (MRBs), but there are very few that discuss how banks can actually do this. And there are even fewer written by someone who has successfully helped a bank do it! As general counsel and compliance officer for an Oregon credit union, […]
FINCEN
Solving the Cannabis Banking Issue: De Novo Bank/Credit Union or Acquisition—What’s Possible?
I field a number of calls from people wanting to start or acquire a financial institution to solve the lack of access to banking for the cannabis industry. So, what is possible and what roadblocks might you expect to face? State vs. Federal Charters: People often view ‘state chartered’ financial institutions as the charter that […]
Cannabis Banking – REALITY CHECK
By Sundie Seefried Better Banked or Unbanked? So, true story here. Me and some of my staff attended a half day symposium on ‘the state of cannabis and banking’ in Colorado. The audience was composed of mostly bankers. This was a while back, but a story that deserves repeating. After hearing presentations to include emphasis […]
Cannabis, Congress and Courage: Why Banks aren’t Banking Marijuana Businesses
By Jim Richards In January 2018, Attorney General Sessions “revoked Obama-era guidance that had effectuated a hands-off approach to state-legalized cannabis businesses.” This quote from an online National Law Journal article (see https://www.law.com/nationallawjournal/2018/09/11/feds-should-be-banging-the-drum-the-loudest-for-cannabis-industry-banking/?slreturn=20180812164053) and others like it, have been used by both (all?) sides of the marijuana argument currently embroiling America. But what, exactly, did […]
Blowing Smoke: Marijuana Banking Scams
By Hilary Bricken What are the specific red flags to look for if you’re being pitched on a ‘solution to the marijuana banking problem’? Of the many issues that prevent cannabis businesses from acting like regular businesses, their lack of access to banking is probably the most hindering. Since commercial cannabis activity remains a federal […]
Reading The Pot Leaves: What The Sessions Memo Means For Marijuana In The U.S.
This has spurred bipartisan support (and backlash) from Congress for federal legislation to let the states have full reign over marijuana. By HILARY BRICKEN Last week was an exciting and somewhat scary week for the marijuana industry. It started with California kicking off its long-awaited, newly regulated medical and adult use markets on Monday. Then, […]
Jeff Sessions Waives Sword of Damocles
By Steve Schain With Jeff Sessions threatening to singlehandedly crush $7.2 billion legalized marijuana industry spanning 30 states, generating millions in taxes and providing 10 of thousands of jobs, much confusion abounds. While unclear if merely a “knee jerk reaction” to California program’s launch breadth of coverage, unless and until the United States Department of […]
Marijuana Banking Takes Massive Leap Forward
Last month witnessed a marijuana banking explosion. Spanning 29 states and generating $7.2 billion in 2016, the United States’ legalized marijuana industry’s greatest obstacle—banking—was significantly reduced by the Department of the Treasury’s (Treasury) Financial Crimes Enforcement Network’s (FinCEN) June 6, 2017, “marijuana banking update,” The Fourth Corner Credit Union v. Federal Reserve Bank of Kansas City, […]
Seed to Sale on Steroids: Guardian Data Systems and ROAR
In June 2014, I attended my first cannabis tradeshow and had the opportunity to hear Lance Ott, CEO of Guardian Data Systems (GDS) speak. I was impressed by his knowledge of the banking, financial services, and payment processing world. My eyes opened to the importance of having a transparent and accessible system available to help […]
Cannabis Banking Issues: All Cash and Not A Lot of Protection
By Steven Schain Ever accidentally find $5.4 billion of cash in your back pocket? The cannabis industry did in 2015, after virtually no bank would accept legalized marijuana sales deposits. Instead, because the Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. Section 801, Et. Seq (1970) (Controlled Substance Act), prohibits “manufacture, distribution, and dispensation” […]