Bank Accounts For Marijuana Businesses (H.R. 2652)

What is H.R. 2652?

(Updated September 8, 2019)

H.R. 2652 would prohibit federal bank regulators from hampering the ability of marijuana-businesses to use depository financial institutions (i.e. banks).

 
Specifically, regulators would not be allowed to give depository institutions any sort of motivation to downgrade or cancel financial services for an individual solely because they own or plan on operating a marijuana-related business. These institutions would be protected from criminal prosecution for serving marijuana-related businesses.

Regulators would not be allowed to halt loans taken out by the operators of marijuana-related businesses or report their financial transactions as “suspicious” solely because of the nature of their product.

Argument in favor

Purchasing marijuana is legal in two states, and medical marijuana is legal in 23. Prohibiting marijuana businesses from using financial institutions increases the risk of violent crime and tax evasion.

Argument opposed

Federal law clearly prohibits the sale of marijuana. By giving marijuana-businesses the right to use depository institutions, the federal government is effectively sanctioning illegal drug use throughout the U.S.

Impact

Marijuana-users, legitimate marijuana-businesses, banks, and federal bank regulators.

Cost of H.R. 2652

A CBO cost estimate is unavailable.

Additional Info

Of Note:

Even though medical marijuana is legal in 23 states and completely legal in two, Marijuana is still illegal under federal law. Marijuana is well on it’s way to becoming a multi-billion dollar industry, but many bank officials feel uneasy when it comes to doing business with legitimate marijuana-operators.

For example, banks that provide operators with a loan can be charged with conspiring to distribute marijuana, even in Colorado and Washington where it’s legal under state law. Businesses that can’t open a bank account also face numerous tax problems, like being unable to file returns online, which can result in hefty penalties.

For opponents of H.R. 2652, all of these barriers make sense because, at the federal level, marijuana is still .

Media:

Bill Sponsor Rep. Ed Perlmutter (D-CO) Press Release

Huffington Post

Forbes