Will Cannabis Banking Ever be “Safe”?

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There is cautious optimism that 2022 will be the year that federal legislation will open the door to the banking of cannabis transactions. But is the Safe Banking Act the answer? On the latest episode of #CreditEcotoGo with Joann Needleman, Peter Su, Senior Vice President of Green Check Verified manages our expectations and tells us that the real issue is the lack of “capability, capacity, and cost”. The regulatory burden of taking on cannabis customers is significant for financial institutions. The Safe Banking Act does not address how banks will be supervised and examined by prudential regulators. Adding to this confusion, some states like New York, are implementing policies like “Justice Involved”, which allows applicants who have had convictions for minor marijuana infractions to go to the head of the line when applying for a retail license. The standard customer due diligence policies and anti-money laundering regulations do not align with these potential banking customers and in the end their banking services will cost more.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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