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SAFE Banking Act of 2023

USA118th CongressS-1323| Senate 
| Updated: 5/11/2023
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (42)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Dianne Feinstein (Democratic)Catherine Cortez Masto (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Rand Paul (Republican)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Tammy Baldwin (Democratic)Peter Welch (Democratic)Robert Menendez (Democratic)Susan M. Collins (Republican)Gary C. Peters (Democratic)Steve Daines (Republican)Ron Wyden (Democratic)Mark Kelly (Democratic)Lisa Murkowski (Republican)

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Secure and Fair Enforcement Banking Act of 2023 or the SAFE Banking Act of 2023 This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance. Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business. The bill also prohibits a federal banking regulator from requesting or ordering a depository institution to terminate a customer account unless (1) the regulator has determined that the depository institution is engaging in an unsafe or unsound practice or is violating a law or regulation, and (2) that determination is not based primarily on reputation risk. Additionally, proceeds from a transaction involving activities of a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.) Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.
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Timeline

Bill from Previous Congress

S 116-1200
SAFE Banking Act of 2019

Bill from Previous Congress

S 117-910
SAFE Banking Act of 2021
Apr 26, 2023
Introduced in Senate
Apr 26, 2023
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
May 3, 2023

Latest Companion Bill Action

HR 118-2891
Referred to the Subcommittee on Economic Opportunity.
May 11, 2023
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • Bill from Previous Congress

    S 116-1200
    SAFE Banking Act of 2019


  • Bill from Previous Congress

    S 117-910
    SAFE Banking Act of 2021


  • April 26, 2023
    Introduced in Senate


  • April 26, 2023
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • May 3, 2023

    Latest Companion Bill Action

    HR 118-2891
    Referred to the Subcommittee on Economic Opportunity.


  • May 11, 2023
    Committee on Banking, Housing, and Urban Affairs. Hearings held.

Finance and Financial Sector

Related Bills

  • S 118-2860: SAFER Banking Act
  • HR 118-2891: SAFE Banking Act of 2023
Administrative law and regulatory proceduresAsiaBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsCongressional oversightConsumer affairsCredit and credit marketsCriminal investigation, prosecution, interrogationDepartment of the TreasuryDrug, alcohol, tobacco useDrug trafficking and controlled substancesEvidence and witnessesFederal Deposit Insurance Corporation (FDIC)Federal Reserve SystemFinancial services and investmentsFraud offenses and financial crimesGovernment information and archivesGovernment liabilityGovernment studies and investigationsInsurance industry and regulationIranJudicial procedure and administrationLicensing and registrationsMiddle EastMinority and disadvantaged businessesNational Credit Union AdministrationNorth KoreaOrganized crimeSyriaTerrorismWomen in business

SAFE Banking Act of 2023

USA118th CongressS-1323| Senate 
| Updated: 5/11/2023
Secure and Fair Enforcement Banking Act of 2023 or the SAFE Banking Act of 2023 This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance. Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business. The bill also prohibits a federal banking regulator from requesting or ordering a depository institution to terminate a customer account unless (1) the regulator has determined that the depository institution is engaging in an unsafe or unsound practice or is violating a law or regulation, and (2) that determination is not based primarily on reputation risk. Additionally, proceeds from a transaction involving activities of a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.) Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-1200
SAFE Banking Act of 2019

Bill from Previous Congress

S 117-910
SAFE Banking Act of 2021
Apr 26, 2023
Introduced in Senate
Apr 26, 2023
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
May 3, 2023

Latest Companion Bill Action

HR 118-2891
Referred to the Subcommittee on Economic Opportunity.
May 11, 2023
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • Bill from Previous Congress

    S 116-1200
    SAFE Banking Act of 2019


  • Bill from Previous Congress

    S 117-910
    SAFE Banking Act of 2021


  • April 26, 2023
    Introduced in Senate


  • April 26, 2023
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • May 3, 2023

    Latest Companion Bill Action

    HR 118-2891
    Referred to the Subcommittee on Economic Opportunity.


  • May 11, 2023
    Committee on Banking, Housing, and Urban Affairs. Hearings held.
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (42)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Dianne Feinstein (Democratic)Catherine Cortez Masto (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Rand Paul (Republican)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Tammy Baldwin (Democratic)Peter Welch (Democratic)Robert Menendez (Democratic)Susan M. Collins (Republican)Gary C. Peters (Democratic)Steve Daines (Republican)Ron Wyden (Democratic)Mark Kelly (Democratic)Lisa Murkowski (Republican)

Banking, Housing, and Urban Affairs Committee

Finance and Financial Sector

Related Bills

  • S 118-2860: SAFER Banking Act
  • HR 118-2891: SAFE Banking Act of 2023
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAsiaBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsCongressional oversightConsumer affairsCredit and credit marketsCriminal investigation, prosecution, interrogationDepartment of the TreasuryDrug, alcohol, tobacco useDrug trafficking and controlled substancesEvidence and witnessesFederal Deposit Insurance Corporation (FDIC)Federal Reserve SystemFinancial services and investmentsFraud offenses and financial crimesGovernment information and archivesGovernment liabilityGovernment studies and investigationsInsurance industry and regulationIranJudicial procedure and administrationLicensing and registrationsMiddle EastMinority and disadvantaged businessesNational Credit Union AdministrationNorth KoreaOrganized crimeSyriaTerrorismWomen in business