The Secure and Fair Enforcement Regulation (SAFER) Banking Act has successfully passed the Senate Committee on Banking, Housing and Urban Affairs. This bipartisan effort, led by Senators Jeff Merkley (D-OR), Steve Daines (R-MO), Kyrsten Sinema (I-AZ), Cynthia Lummis (R-WY), and Senate Majority Leader Chuck Schumer (D-NY), aims to normalize banking access for cannabis businesses operating in states with legal markets.
The proposed legislation holds the potential to address one of the most pressing issues facing the cannabis industry—limited access to traditional financial institutions. Under current federal laws, cannabis remains illegal, creating a complex financial environment for state-legal cannabis companies. The SAFER Banking Act seeks to rectify this by granting legal cannabis businesses access to essential financial services, including bank accounts and small business loans.
One of the key provisions of the proposal is to prevent federal bank regulators from compelling a bank or credit union to close a cannabis-related account based solely on reputational risk. This critical safeguard aims to provide stability and security to cannabis businesses and ensure they are treated fairly by financial institutions.
While the SAFER Banking Act bears a resemblance to the bipartisan SAFE Banking Act, which has passed in the U.S. House on seven occasions, it carries additional weight due to its stricter federal regulations. The new bill explicitly prohibits banks from terminating cannabis-related accounts without a valid reason and from denying services based on personal beliefs or political motivations. These provisions are designed to create a more equitable and reliable financial environment for the cannabis industry.
The advancement of the SAFER Banking Act has been met with enthusiasm by stakeholders in the cannabis sector. National Cannabis Industry Association CEO Aaron Smith praised the Senate committee’s approval of the legislation, emphasizing its potential to benefit compliant, tax-paying cannabis businesses. Access to basic financial services, such as banking, has long been a challenge for the cannabis industry, and this legislation could provide a lifeline to businesses struggling with these limitations.
As of now, 39 U.S. states have enacted legalization policies for either adult-use or medical purposes. However, the federal prohibition of cannabis has hindered the industry’s access to traditional banking services. The SAFER Banking Act represents a significant step towards rectifying this issue and ensuring that state-legal cannabis businesses can operate with the same financial stability as any other industry.
With the bill’s passage through the Senate Committee on Banking, Housing and Urban Affairs, it now advances to the Senate floor for consideration. The cannabis industry and its supporters are hopeful that this bipartisan effort will pave the way for a more secure and inclusive financial landscape for cannabis businesses nationwide.