Introduction:
This article from McGlinchey Stafford, published in 2023, explains why banking for cannabis businesses is so difficult. It highlights how federal and state laws don’t align, making it risky for banks to offer their services to cannabis companies.
Key Points:
- Federal Prohibition Creates Challenges:
Cannabis is still classified as a Schedule I substance under the Controlled Substances Act, making it illegal federally. This classification causes fear among banks, as working with cannabis businesses could lead to penalties or criminal charges. - State Legalization Isn’t Enough:
Many states have legalized cannabis for medical or recreational use, but this doesn’t provide legal protection for financial institutions under federal law. - Cash-Only Operations:
Without access to traditional banking, cannabis businesses are forced to operate with cash, which increases the risk of theft and makes managing finances harder. - The SAFE Banking Act:
Legislation like the SAFE Banking Act aims to allow banks to work with cannabis businesses without fear of federal punishment. However, this law has faced delays, leaving the industry in a tough spot.
Summary – The VitalPoint for Patients:
Understanding these banking issues helps patients recognize why cannabis prices and availability can be unpredictable. When businesses struggle to manage their finances, it can affect product quality and access.
Relevant Link:
Marijuana Banking: What’s the Hold-Up?
https://www.mcglinchey.com/insights/marijuana-banking-whats-the-hold-up-pt-1-conflicting-legal-landscapes/
Banking Cannabis Patient Regulation