ThePolitibase
S. 1323IntroducedFINANCE AND FINANCIAL SECTOR

SAFE Banking Act of 2023

Administrative law and regulatory procedures · Asia · Bank accounts, deposits, capital
Sponsor
Sen. Merkley, Jeff [D-OR]
D · OR
Key facts
Introduced: Apr 26, 2023
Chamber: Senate
Cosponsors: 42
Congress: 118th
Latest action · May 11, 2023
Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 118-541.

Summary

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.

Summary by Congressional Research Service.

Timeline

  1. May 11, 2023
    Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 118-541.
  2. Apr 26, 2023
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  3. Apr 26, 2023
    Introduced in Senate

Cosponsors (showing first 30 of 42)

In the News

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