Examining the Impact of the SAFE Banking Act on Cannabis Businesses and Workers

The recent Senate Committee on Banking, Housing, and Urban Affairs hearing shed light on the challenges faced by the cannabis industry regarding banking services. The focus was primarily on the Secure and Fair Enforcement Banking Act (SAFE), a bill reintroduced to remove penalties for financial institutions serving legitimate cannabis businesses. This article explores the key discussions and testimonies from the hearing and analyses the potential effects of the SAFE Banking Act on the cannabis industry.

Abstract Marijuana and Stock Ticker Image Courtesy of Vecteezy
Photo Courtesy of Vecteezy

The Importance of the SAFE Banking Act for Cannabis Businesses

During the hearing, Senators Jeff Merkley (D-OR) and Steve Daines (R-MT) emphasized the need for the SAFE Banking Act. They argued that the legislation would grant legitimate cannabis businesses access to essential financial services, levelling the playing field for them. Senator Merkley highlighted the latest version of the act, which includes safe-harbor provisions for Community Development Financial Institutions and Minority Depositary Institutions. These additions address equity concerns and address law enforcement and money laundering issues raised by the Department of Justice.

The SAFE Banking Act seeks to address a significant challenge faced by the cannabis industry—limited access to traditional banking services. Despite the legality of cannabis operations in certain states, these businesses struggle to find financial institutions willing to work with them due to the federal illegality of cannabis. As a result, many cannabis businesses are forced to rely on cash transactions, which pose significant security risks and hinder their ability to operate efficiently.

Benefits for Cannabis Workers and Safe Working Conditions

Representatives from the United Food and Commercial Workers International Union (UFCW) emphasized the importance of safe, legal banking for cannabis workers during the Senate hearing. They highlighted that granting cannabis businesses access to traditional banks and payroll services would improve financial stability, provide secure payment processing, and promote safe working conditions. By treating cannabis workers as legitimate participants in the industry, rather than criminals, they would be able to thrive and contribute to the growth of the cannabis sector.

Currently, the financial and legal ambiguity surrounding cannabis work hampers the well-being of workers. By removing barriers and allowing cannabis businesses to operate within the framework of the banking system, workers can enjoy the same benefits and protections as those in other industries. It is essential to prioritize their overall well-being and provide them with a supportive and safe working environment.

Opposition and Concerns Raised

Kevin Sabet, a representative of Smart Approaches to Marijuana (SAM), presented arguments against the SAFE Banking Act during the hearing. Sabet claimed that the bill attempts to solve a non-existent problem and expressed concerns about potential cartel activity and the impact on the US addiction crisis. He believes that providing banking services to cannabis businesses could exacerbate the drug addiction problem in the country.

However, despite Sabet’s opposition, there is growing bipartisan support for the SAFE Banking Act. Advocates argue that the bill aims to address a real and pressing issue faced by the cannabis industry. By allowing legitimate cannabis businesses access to banking services, it will promote transparency, accountability, and regulatory compliance, which are vital for the industry’s growth and development.

Market Response and Potential Economic Implications

While the testimonies in favor of the SAFE Banking Act highlighted its potential benefits, the market response was not as optimistic. Following the Senate hearing, cannabis stocks experienced a decline, with the Advisor shares Pure US Cannabis ETF down 8.7% and the Advisor shares Pure Cannabis ETF down 5.3% at the market close. This decline may reflect concerns and uncertainties regarding the bill’s implications for the industry.

Despite the short-term market response, the passage of the SAFE Banking Act could have significant economic implications. Access to traditional banking services would provide cannabis businesses with stability, and the ability to participate fully in the financial system. This, in turn, could attract more investments, foster business growth, and create job opportunities within the industry. Additionally, the taxation and regulation of cannabis businesses would become more streamlined, generating revenue for both state and federal governments.

Growing Momentum for Change

With a majority of Americans supporting federal legalization and an increasing number of states implementing medical and adult-use cannabis markets, the need to address the banking challenge has become more urgent. Industry representatives, government officials, and advocacy groups are actively pushing for a resolution.

There are currently 322 House members and 76 senators representing states with medical or adult-use cannabis laws. The passage of the SAFE Banking Act would directly benefit their constituents, making it a compelling proposition. The broad support in Congress enhances the bill’s prospects for success and demonstrates the recognition of the urgent need to rectify the banking issue faced by the cannabis industry.

Senator Schumer’s Commitment and Plans

Senate Majority Leader Chuck Schumer has expressed his commitment to advancing marijuana banking legislation. He plans to attach criminal justice reform provisions to the bill, including expungement of certain low-level marijuana offenses. Schumer believes that addressing the broader harms of the drug war is a moral responsibility for Congress.

Schumer’s announcement of a committee vote on the marijuana banking bill in the near future signifies progress. Senate Banking Committee Chairman Sherrod Brown has also expressed a desire to move quickly on the legislation. While some modest cannabis reform efforts have faced opposition in the current Congress, there is optimism for bipartisan support. Lawmakers are working to find common ground and advance proposals that can garner widespread approval. The inclusion of criminal justice provisions alongside the banking bill could help generate broader support.


The reintroduction of the SAFE Banking Act in Congress offers renewed hope for the cannabis industry’s banking challenges. Passage of this legislation would be a significant victory and a turning point for the industry, allowing legal cannabis businesses access to traditional banking services. The bill’s potential benefits for cannabis businesses, workers, and the overall economy cannot be understated. While concerns and opposition have been raised, it is crucial to address the challenges faced by the industry and open doors for financial inclusion and stability in the cannabis sector.

The Senate hearing and the growing momentum for change demonstrate a recognition of the urgent need to address the banking issue. With strong bipartisan support, commitment from influential lawmakers like Senator Schumer, and a broader focus on criminal justice reform, there is optimism for progress in advancing the SAFE Banking Act and broader cannabis reform efforts. As the cannabis industry continues to expand, ensuring access to essential financial services will be a crucial step towards its maturation and long-term success.

At Global Legal Law Firm, our lawyers are familiar with the rapidly changing nature of electronic payments processing processors, and the ever changing regulations involved, with decades of expertise in ISOs, commercial collections, credit card brands, and other forms of electronic payment processing litigation. Let us guide you through this new and volatile environment, rather than attempting to navigate it on your own.

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