Holder Says Marijuana Banking Rules Coming Soon

Attorney General Eric Holder said Thursday that the Obama administration would soon announce regulations that would allow banks to business with legal marijuana businesses. Financial institutions have been scared away from such businesses by the threat of legal action for dealing in the profits of a commodity still illegal under federal law.

Attorney General Eric Holder (usdoj.gov)
The Obama administration had previously signaled it was working to address the issue, but it now appears action is imminent.

"You don't want just huge amounts of cash in these places. They want to be able to use the banking system," Holder said during an appearance at the University of Virginia's Miller Center. "There's a public safety component to this. Huge amounts of cash -- substantial amounts of cash just kind of lying around with no place for it to be appropriately deposited is something that would worry me, just from a law enforcement perspective," he explained.

"We're in the process now of working with our colleagues at the Treasury Department to come up with regulations that will deal with this issue," and the new rules are coming "very soon," Holder said. "It is an attempt to deal with a reality that exists in these states."

Holder did not specify whether his remarks were aimed solely at Colorado and Washington, which have legalized marijuana commerce, or were directed more generally at states that allow for legal medical marijuana.

A Justice Department spokesman later "clarified" Holder's remarks to say that instead of new regulations, Holder was speaking of issuing a "guidance" to prosecutors and federal law enforcement. Whether such a "guidance" without further guarantees from the federal government will be enough to assuage bankers' fears remains to be seen.

But marijuana industry advocates applauded the attorney general's remarks.

For the legal, regulated cannabis industry, this is very welcome news," said National Cannabis Industry Association executive director Aaron Smith. "We have been anxiously awaiting clarity on the banking issue from the Justice and Treasury Departments for many months. To hear that guidance will be issued 'very soon' is encouraging. It's critical that we fix this issue before February 20, when our Colorado members must pay their first round of state taxes, or the Colorado Department of Revenue may be forced to accept more than $1 million in cash payments."

Smith added that the NCIA was "grateful" to Holder and other federal officials who have been working on the issue, and that getting it resolved "cannot come soon enough."

Washington, DC
United States
Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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What Do You Want To Bet

that after the 2014 elections something makes Holder change his mind?

If Holder sticks to his word, this is huge.

Banks having the ability to do business with dispensaries without the fear of having that money confiscated would be the biggest step toward legitimacy for pot. I haven't seen much push back from the usual gang of prohibitionists on this particular issue. So there's a good chance for Holder to make good on dispensaries having access to banks. Even Republicans have legislation for this transition from hoarding loads of cash to having banks to handle the business of pot. This is a huge announcement and it's an issue that Holder has brought up on his own. While there have been way too many MM raids by the feds on Holder's watch, this bit of new is the most encouraging announcement he's made on the subject.

The future is coming

This thing really is happening, I no longer wonder "if" but rather, "when."  How long until Marijuana is dropped from Schedule I or even from the CSA at all?

They would also be buying

They would also be buying legitimate and taxed products, inputting much needed revenue back into the system instead of giving it to criminals. What idiots wouldn't want that? I give you our political leaders. The biggest bunch of corrupt and cowardly idiots ever to grace the planet.

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