{"@context":"https://schema.org","@type":"Legislation","name":"SAFER Banking Act","description":"

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.

","legislationIdentifier":"S 2860","legislationType":"Bill","legislationLegalForce":"NotInForce","legislationJurisdiction":"USA","author":[{"@type":"Person","name":"Jeff Merkley","url":"https://legisdaily.com/mp/jeff-merkley-us"}],"about":{"@type":"Thing","name":"Finance and Financial Sector"},"keywords":"Administrative law and regulatory procedures, Asia, Bank accounts, deposits, capital, Banking and financial institutions regulation, Business records, Congressional oversight, Consumer affairs, Credit and credit markets, Criminal investigation, prosecution, interrogation, Department of the Treasury, Drug, alcohol, tobacco use, Drug trafficking and controlled substances, Evidence and witnesses, Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, Financial services and investments, Fraud offenses and financial crimes, Government information and archives, Government liability, Government studies and investigations, Insurance industry and regulation, Iran, Judicial procedure and administration, Licensing and registrations, Middle East, Minority and disadvantaged businesses, National Credit Union Administration, North Korea, Organized crime, Syria, Terrorism, Women in business","dateModified":"2025-01-14T00:00:00.000Z","url":"https://legisdaily.com/bill/USA-118-S-2860"}

Jeff Merkley

Jeff Merkley

Banking, Housing, and Urban Affairs Committee