Holder Announced A Major Shift On U.S MJ Policy

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U.S. treasury and law enforcement agencies will soon issue regulations opening banking services to state-sanctioned marijuana businesses even though cannabis remains classified an illegal narcotic under federal law, Attorney General Eric Holder said on Thursday.

Holder said the new rules would address problems faced by newly licensed recreational pot retailers in Colorado, and medical marijuana dispensaries in other states, in operating on a cash-only basis, without access to banking services or credit.

Proprietors of state-licensed marijuana distributors in Colorado and elsewhere have complained of having to purchase inventory, pay employees and conduct sales entirely in cash, requiring elaborate and expensive security measures and putting them at a high risk of robbery.

It also makes accounting for state sales tax-collection purposes difficult.

“You don’t want just huge amounts of cash in these places,” Holder told the audience at the University of Virginia. “They want to be able to use the banking system. And so we will be issuing some regulations I think very soon to deal with that issue.”

Holder’s comments echoed remarks by his deputy, James Cole, in September during a Senate Judiciary Committee hearing on Capitol Hill.

Colorado this month became the first state to open retail outlets legally permitted to sell marijuana to adults for recreational purposes, in a system similar to what many states have long had in place for alcohol sales.

Washington state is slated to launch its own marijuana retail network later this year, and several other states, including California, Oregon and Alaska, are expected to consider legalizing recreational weed in 2014.

The number of states approving marijuana for medical purposes has also been growing. California was the first in 1996, and has since been followed by about 20 other states and the District of Columbia.

But the fledgling recreational pot markets in Colorado and Washington state have sent a new wave of cannabis proprietors clamoring to obtain loans and make deposits in banks and credit unions.

The Justice Department announced in August that the administration would give new latitude to states experimenting with taxation and regulation of marijuana.

But with the drug still outlawed at the federal level, banks are barred under money-laundering rules from handling proceeds from marijuana sales even in states where pot sales have been made legal.

The lack of credit for marijuana businesses, however, poses its own criminal justice concerns, Holder said.

“There’s a public safety component to this,” he said. “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.”

Holder did not offer any specifics on a timeline for action on banking services for marijuana. Cole in September said the Justice Department was working on the issue with the Treasury Department’s financial crimes enforcement network.

Critics of liberalized marijuana laws have said the lack of credit faced by pot retailers was beside the point.

“We are in the midst of creating a corporate, for-profit marijuana industry that has to rely on addiction for profit, and that’s a much bigger issue than whether these stores take American Express,” said Kevin Sabet, co-founder of the anti-legalization group Smart Approaches to Marijuana.

Reporting by David Ingram in Charlottesville, Virginia; Writing by Alex Dobuzinskis; Editing by Steve Gorman and Lisa Shumaker

Source: Reuters (Wire)
Author: David Ingram, Reuters
Published: January 24, 2014
Copyright: 2014 Thomson Reuters

Feds Say They Will Go Easy on Banks

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During the groundbreaking phone call on Thursday, August 29 in which U.S. Attorney General Eric Holder told the governors of Colorado and Washington the federal government would not attempt to intercept regulated legal marijuana in their states, he also said the Department of Justice (DOJ) is “actively considering” how to oversee the relationship between banks and marijuana shops.

According to the Huffington Post, Holder told the governors as long as marijuana shops “operate within state laws and don’t violate other federal law enforcement priorities” the DOJ is looking to regulate those interactions as legal.

Rep. Ed Perlmutter (D-Colo.), a senior member of the House Financial Services Committee, released a statement on Thursday calling for a hearing to discuss his proposed bill, Marijuana Businesses Access to Banking Act (HR 2652). In the statement, he raised concerns over “public safety, crime, and lost tax revenue associated when these legal and regulated businesses are operating in a cash-only system.”

He continued:

“We need to provide financial institutions certainty they can make their own business decisions related to legal, financial transactions without fear of regulatory penalties. Currently, under federal banking laws, many legal, regulated legitimate marijuana businesses operating legally according to state law are prevented from maintaining bank accounts and accessing financial products like any other business such as accepting credit cards, depositing revenues, or writing checks to meet payroll or pay taxes. They are forced to operate as cash-only enterprises, inviting crime such as robbery and tax evasion, only adding to the burden of setting up a legitimate small business.”

To that regard, a senior DOJ official speaking on a condition of anonymity told Huffington Post “the department recognized that forcing the establishments to operate on a cash basis put them at greater risk of robbery and violence.”

CNN warned in a report that since the new guidelines do not change federal money laundering laws, some large banks might “still be leery of doing business with marijuana producers and sellers.”

Along with Holder’s announcement on Thursday came a memo from Deputy Attorney General James Cole, addressed to U.S. attorneys nationwide. The memo outlines eight priorities intended to serve as strict guidelines the attorneys are required to follow as federal marijuana policy when prosecuting in the states where it is legal.

According to the Huffington Post , the anonymous DOJ official said, “For now, financial institutions and other enterprises that do business with marijuana shops that are in compliance with state laws are unlikely to be prosecuted for money laundering or other federal crimes that could be brought under existing federal drug laws, as long as those pot businesses don’t otherwise violate the priorities.”

In addition, the Huffington Post reported, the official said he “would not rule out prosecution in any case, but the new approach is a reversal of a DEA policy that had warned banks not to work with marijuana businesses.

Washington Governor Jay Inslee and the state’s attorney general, Bob Ferguson thanked Holder for his efforts to work with the states’ decision to legalize and regulate pot, and called Holder’s announcement “good news” in a statement on Thursday.

“Attorney General Holder also expressed a willingness to work with the states on a financial structure that would not run afoul of federal law,” they said, calling the news an “affirmation of good work” by the state Liquor Control Board, which the state put in charge of designing a system of regulation and implementation for the new marijuana laws.

They continued, “We can assure the Attorney General that Washington state will remain vigilant in enforcing laws against the illicit marijuana market.”

April M. Short is a Bay Area journalist focusing on social justice reporting.

Newshawk: The GCW
Source: AlterNet (US)
Author: April M. Short
Published: August 31, 2013
Copyright: 2013 Independent Media Institute
Contact: [email protected]
Website: http://www.alternet.org/