Colorado Politics

Bennet, Gardner introduce bill to legalize pot banking

Congress may finally be getting over the “chuckle factor” when it comes to marijuana banking legislation.

“When I would bring up marijuana, there would always initially be a chuckle,” Democratic Rep. Ed Perlmutter told The Colorado Statesman in a recent interview.

“Now, people understand that this is a serious issue.”

As Congress gets over the pot giggles, those who operate marijuana businesses hope they’ll soon be laughing all the way to the bank.

That could finally happen through legislation introduced in the Senate last week that would legalize banking for marijuana businesses.

Colorado Sens. Michael Bennet and Cory Gardner joined Oregon Sens. Jeff Merkley and Ron Wyden sponsoring the Marijuana Business Access to Banking Act of 2015.

Although recreational pot sales are legal in four states, including Colorado, and the District of Columbia, marijuana businesses have largely had to operate on a cash-only basis. That’s because marijuana is illegal under federal law, a fact that has scared financial institutions away from providing services for pot shops.

“Ever since Colorado voters approved the legalization of recreational marijuana, conflicting federal and state marijuana laws have required banks to refuse basic financial services to marijuana-related businesses in Colorado,” said Gardner, a Republican, in a press statement. “In turn, this has forced the industry to adopt an all-cash business model that fosters violent crime and puts all Coloradans at risk.”

And because pot businesses often operate on a cash-only business, the growing industry has “also created compliance and oversight challenges,” said Bennet, a Democrat.

“This bill helps address those issues by allowing our banking system to serve these legal businesses like any others,” Bennet said.

The bill would prevent federal banking regulators from penalizing banks that provide financial services for marijuana businesses, such as limiting a bank’s federal deposit insurance.

The legislation would also shield banks and their employees from prosecution for doing business with legitimate marijuana operations.Perlmutter first pushed for a pot-banking bill two years ago. The legislation failed to get off the ground at a time when Congress didn’t know how to respond to legalized marijuana.

But over the last couple of years, Perlmutter said Congress is starting to respond to a growing number of states and localities that allow recreational or medical marijuana sales. He said elected officials are starting to recognize the health benefits that pot can provide.

Perlmutter acknowledges that many in Congress remain “adamantly opposed” to any pot legislation, including Rep. Jeb Hensarling, R-Texas, who chairs the House Financial Services Committee.

If the bill clears the Senate, Perlmutter sees Hensarling as a potential “major roadblock” to getting legislation through that committee.Still, Perlmutter feels more confident about the bill’s chances this year than in years past.

“I’m optimistic that we’re going to get something through the Senate, which is going to help me get something through the House,” he said.

— Twitter: @VicVela1


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Vic Vela

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