Secure And Fair Enforcement Regulation Banking Act or the SAFER Banking Act 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 requiring a depository institution to terminate a deposit account unless (1) there is a valid reason, such as the regulator has cause to believe that the depository institution is engaging in an unsafe or unsound practice; and (2) reputational risk is not the dispositive factor. Additionally, proceeds from a transaction conducted by 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.
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
SAFER Banking Act
USA118th CongressS-2860| Senate
| Updated: 12/6/2023
Secure And Fair Enforcement Regulation Banking Act or the SAFER Banking Act 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 requiring a depository institution to terminate a deposit account unless (1) there is a valid reason, such as the regulator has cause to believe that the depository institution is engaging in an unsafe or unsound practice; and (2) reputational risk is not the dispositive factor. Additionally, proceeds from a transaction conducted by 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.
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