The first marijuana hearing of the 116th Congress kicked off on Wednesday. A house financial subcommittee asked about how banking access can improve public safety, how it operates on a cash-only basis, and at one point, whether the cash at these businesses is like cannabis.
“The absence of a broader , permanent regulatory framework continues to keep almost all banks out of this growing industry despite a clear interest, ”Rep. Gregory Meeks (D-NY), chair of the subcommittee, said at the start of the session. "Today's hearing will allow us to start consideration of draft legislation to bring transparency, accountability and address to major driver of violent crime in this space." [PresentationontheConsumerProtectionandFinancialServicesSubcommitteeon"ChallengesandSolutions:AccesstoBankingServicesforCannabis-RelatedBusinesses" pic.twitter.com/TC0soeE2RM
Prior to hearing, a bipartisan group of lawmakers circulated a draft bill that would shield banks from being penalized by federal financial regulators and affirm that profits from cannabis-related transactions "Not to be considered as proceeding from an unlawful activity." "Today, after six years, we finally have a hearing, and it comes too late," Rep. Denny Heck (D-WA), who is a co-sponsor of the legislation, said in his opening remarks. “Late to prevent dozens of armed robberies in my home state of Washington. Too late for Travis Mason… a 24-year-old Marine veteran in Aurora, Colorado, who reported for work as a security guard and Green Heart Dispensary on June 18, 2016, and was shot dead that night by an armed robber. 19659002] "We have the power in this committee to prevent murders and armed robberies," he said, referring to the fact that preventing marijuana businesses from accessing banks means that they must operate on an all-cash basis. "We need it and we must use it now, we are already late."
We've needed banking access for cannabis businesses for the past six years. It is unacceptable for Congress to allow a critical public safety threat to go unaddressed. We're late, and it's time to pass the #SAFEBanking Act. pic.twitter.com/Lzcm85YgyV
– Denny Heck (@RepDennyHeck) February 13, 2019
Rep. Ed Perlmutter (D-CO), another bill cosponsor, said that if lawmakers oppose legalization, "that's their business."
"But the American voters have spoken, and continue to speak, and the fact is you can't put the genie back in the bottle, ”he said. "Prohibition is over."
Today's hearing is a big deal for the thousands of employees, businesses and communities who have been put at risk b / c they have been forced to deal in piles of cash. We need #SAFEBanking to get cash off the streets & make our communities safe. https://t.co/fEmJbQc2X8
— Rep. Ed Perlmutter (@RepPerlmutter) February 13, 2019
I appreciate the Subcommittee allowing me to testify during the hearing. This comes 6 years after @RepDennyHeck & I first introduced our #SAFEBanking legislation. I also appreciate @RepSteveStivers & @WarrenDavidson bipartisan support for solving the cannabis banking problem. https://t.co/6ChK0qVc87
— Rep. Ed Perlmutter (@RepPerlmutter) February 13, 2019
Witnesses at the hearing included California State Treasurer Fiona Ma, Law Enforcement Action Partnership (LEAP) Executive Director Major Neill Franklin, banking representatives, a DC-based medical marijuana dispensary Owner and the chair of the anti-legalization group Smart Approaches to Marijuana (SAM)
"The Committee is undoubtedly aware that cannabis is not alone in struggling to gain access to banking – even though theirs is the most difficult situation. Any business that trades significant amounts of currency is also subject to greater scrutiny by the financial services industry for all of the reasons that are well understood by members of this committee, "Ma said in a written testimony.
" W / o bank account , legal #marijuana businesses must operate on a cash basis, making them targets for robberies, supporters of the legislation testified. In CA, cannabis dispensaries have dropped off bags and suitcases full of cash to pay their taxes… " @fionama @FSCDems
– CA State Treasurer (@CalTreasurer) February 13 , 2019
She said "an effective safe harbor mechanism in federal law promotes the safety of the public, improves the efficiency of collecting the taxes and we use to regulate the industry, and does not allow the banks and credit unions to totally abdicate their responsibilities to know their customers and avoid illicit money laundering. ”
Rep. Ted Lieu (D-CA) said he was happy to see Ma testify Legal marijuana is here to stay & entrepreneurs & consumers safe banking options , "He wrote on Twitter.
Glad to see @CalTreasurer @fionama as one of the witnesses in today's @FSCDems hearing on access to banking services for cannabis Related businesses Legal #cannabis is here to stay & entrepreneurs & consumers deserve safe banking options. Watch LIVE here: https://t.co/KfPk9zVpaE
— Rep. Ted Lieu (@RepTedLieu) February 13, 2019
Rep. Dina Titus (D-NV) echoed that point and said that Nevada "is proof that the era of marijuana prohibition is over" and that it is "time for the federal government to start acting like it."
The first ever Congressional hearing on marijuana banking is taking place right now. Nevada is proof that the era or marijuana prohibition is over. It's time for the federal government to start acting like it.
– Dina Titus (@repdinatitus) February 13, 2019
Franklin, a retired Maryland police officer, said that current laws "encourage tax fraud, add expensive monitoring and bookkeeping expenses and — most importantly — leave legitimate businesses vulnerable to theft, robbery and the violence that accompanies those crimes. ”“ I'm not one for fear mongering — what I testify to today is rooted in experience and research, ”he said. “Any police officer who has worked the street, or investigated enough robberies, will testify to the same regarding any business forced to handle large amounts of cash.”
He is a member of the subcommittee that the "safety of thousands of employees, Business owners, security personnel, police officers and community members are in your hands. ”
Rep. Maxine Waters (D-CA), chair of the full House Financial Services Committee, thanked Meeks for making this the first subcommittee of the session and called the issue “so important.”
, ”Waters said before the subcommittee broke for a recess. "I appreciate it so much."
The hearing was well-attended, as Rep. Alexandria Ocasio-Cortez (D-NY) highlighted in a tweet showing a line of people holding places in line for lobbyists and "those who can afford the pay people to hold their spot."
Apparently this is a normal practice, and People don't bat an eye
The first few people are guaranteed a seat in a given hearing
This was the hearing for marijuana banking laws.
– Alexandria Ocasio-Cortez (@AOC) February 13, 2019
During the hearing, Ocasio-Cortez asked whether providing banking access to the marijuana industry would be "compounding the racial wealth gap right now," giving an advantage to mostly white,
Corey Barnette, the DC marijuana business owner, said that the industry as it exists today is not reflective of society as a whole, but also argued that banking access can provide even narrower prospective business owners with means within reach to start a cannabis company.
During one of the lighter moments in the hearing, Rep. Rashida Tlaib (D-MI) asked Barnette whether the cash at his dispensary smelled like marijuana. "I heard it's true," Tlaib said. "That has been the case in some instances," Barnette replied.
While SAM board chair Jonathon Talcott was rarely addressed by members throughout the hearing, Rep. Roger Williams (R-TX) asked whether it was “a universally accepted fact that marijuana is not a gateway drug and has no negative negative impacts on public health.” Talcott claims that cannabis is very clearly a gateway drug "And peddled anecdotes about" marijuana-induced psychosis "in states that have legalized.
At the Consumer Protection and Financial Institutions Subcommittee hearing where we're discussing the challenges and solutions regarding cannabis-related businesses and their access to banking services. pic.twitter.com/MCjOwlyNOf
– Rep. Jennifer Wexton (@RepWexton) February 13, 2019
Heck, one of the banking bill cosponsors, addressed what motivated him to be a lawyer for financial services solutions for the marijuana industry. He said it was his brother, who died after being exposed to herbicides while serving in the Vietnam War.
"Toward the end of his life, the only relief he could find was from the illegal consumption of marijuana," Heck said. "I've always thought and lived with the irony that the same nation that asked my brother to put on a uniform and put his life at risk – in an activity that eventually took his life – think him to be criminal when he found the relief in the only way he could. "
And if creating a safeguard for banks it makes it easier for marijuana businesses to provide that relief to patients, Heck said. Congress has an opportunity to make a simple policy change that will benefit communities and small businesses by approving cannabis banking reform, ”Aaron Smith, executive director of the National Cannabis Industry Association, said in a press release. "Representatives Perlmutter and Heck should be commended for pushing for this hearing so that this issue can get the attention it deserves and we can move towards a sensible policy that will increase public safety and transparency in this burgeoning industry."
Rep. Earl Blumenauer (D-OR), who released a blueprint outlining the legal path to marijuana legalization, said in a press release that tackled "the access to banking issue" is "one of the first dominos that should fall."
The Hearing shows that Congress is finally making progress at addressing the irrational, unfair, and unsafe of regular banking services for state-legal marijuana businesses around the country, he said.
Today's hearing was a big deal for the thousands of employees, businesses and communities across this country who have been put at risk because they have been forced to deal in piles of cash while Congress sticks its head into the sand, ”Perlmutter, the other bill cosponsor, said in a press release. “The American voters have spoken and continue to speak, and in fact you can put the genie back in the bottle. The SAFE Banking Act is focused solely on cash off the streets and makes our communities safer, and only can take these steps to provide this certainty for businesses and financial institutions across the country. ”
I appreciate today's first-ever hearing on #cannabis banking & I consider all my colleagues to consider the #SAFEBanking Act as a way to get cash off the streets and make our communities safe. Only Congress can provide certainty for these businesses and financial institutions. pic.twitter.com/o1fHWXNOcr
– Rep. Ed Perlmutter (@RepPerlmutter) February 14, 2019
47 states plus the District of Columbia have spoken & legalized some form of recreational or medical marijuana, including CBD. 318.2 million people live in these 47 states – thats 97.7% of the population. Time to align and federal law on this issue with #SAFEBanking .
– Rep. Ed Perlmutter (@RepPerlmutter) February 13, 2019
“We listened to hours of testimony today about the dangerous position we put store owners and employees in forcing them to do all of their business in cash. We can fix this. We have to force them to operate in a way that makes it difficult to secure and track their funds, ”Heck added. “Regardless of our views of marijuana use, the voters have decided in states all over this country that they want recreational and medicinal markets. This is The Marijuana Banking Bill Democrats' Plan To Pass In 2019: Draft Text Released
Photo courtesy of the House Financial Services Committee / YouTube.