A powerful U.S. Senate panel has moved to block an amendment to let marijuana businesses store their profits in banks.
In a 21 – 10 vote, the Senate Appropriations Committee tabled an amendment on Thursday that would have shielded financial institutions that open accounts for cannabis businesses that are complying with state laws from being punished by federal regulatory authorities.
Current policy, which forces many marijuana businesses to operate on an all-cash basis, is “a big problem because it’s great for organized crime, it’s great for money laundering, it’s great for theft and larceny, it’s great for cheating on taxes, it’s great for cheating on your payroll,” Sen. Jeff Merkley (D-OR), the sponsor of the measure, said in a brief debate before the vote. “We’re really facilitating crime by not enabling the banking industry to provide basic services.”
Last week, the House Appropriations Committee defeated a similar cannabis banking proposal.
Several Democratic members of the Senate panel who said they otherwise support the ability of marijuana businesses in a growing number of states to access financial services objected on procedural grounds to the measure, which Merkley was seeking to attach to the Fiscal Year 2019 Financial Services and General Government funding bill.
Sen. Patrick Leahy (D-VT), for example, said that he wanted to keep spending legislation “free of new controversial policy riders” and that a more appropriate forum would be an authorizing committee that sets banking laws.
Nonetheless, Leahy himself has sponsored appropriations amendments to prevent the Justice Department from interfering with state medical cannabis laws instead of insisting that those measures go through the authorizing Judiciary Committee.
Also voicing opposition to the move were Sens. Christopher Coons (D-DE) and Jon Tester (D-MT).
“I’ve supported it in the past and I think it’s different today,” Tester said. “It adds a level of confusion to the folks who are out there doing business,” adding that it would give a “false hope” to cannabis providers because it only deals with the Department of the Treasury and not the Justice Department.
“Do I think these businesses ought to be able to bank?” he said. “Absolutely.”
Sen. James Lankford (R-OK), who is a vocal legalization opponent, also spoke up. “This amendment would [make] a confusing situation for banks and pot shops around the country…more confusing,” he said.
Legalization advocates were upset by the committee’s move.
“The Senate Appropriations Committee chose to bury its head in the sand rather than make it easier for licensed and regulated marijuana businesses to operate safely, transparently or effectively,” Justin Strekal, political director for NORML, said in an interview. “It’s absurd.”
Don Murphy of the Marijuana Policy Project added, “Today was a victory for the drug cartels and anyone else who benefits from billions of dollars of unaccountable, untraceable and unbankable cash.”
Ongoing federal marijuana prohibition and related money laundering laws have made many banks reluctant to work with cannabis businesses.
Nonetheless, new Treasury Department data first reported last week shows that a steadily increasing number of financial institutions have been opening accounts for marijuana growers, processors, retailers and related outfits even as Attorney General Jeff Sessions makes anti-cannabis moves and comments.
The House of Representatives passed a cannabis banking amendment in 2014 by a vote of 231 to 192, but the provision was not included in final spending legislation that year. Congressional Republican leadership has since blocked floor votes on cannabis measures.
Several Trump administration officials have indicated they would like to see a resolution to the issue.
Federal Reserve Chairman Jerome Powell said last week that the gap between state and federal cannabis laws “puts federally chartered banks in a very difficult situation.”
“It would great if that could be clarified,” he said.
Treasury Sec. Steven Mnuchin has implied in several appearances before congressional committees that he wants marijuana businesses to be able to access banks.
“I assure you that we don’t want bags of cash,” he testified before a House committee in February. “We do want to find a solution to make sure that businesses that have large access to cash have a way to get them into a depository institution for it to be safe.”
In another hearing he said that fixing cannabis banking issues is at the “top of the list” of his department’s concerns.
And Federal Deposit Insurance Corporation Chairwoman said on Tuesday that she’s asked staff to think about how to address marijuana banking issues, but that for now the agency’s hands are “somewhat tied.”
Despite the defeat of the banking amendments in House and Senate committees this month, there has been a recent string of other developments demonstrating marijuana’s political momentum.
Last week, the Texas Republican Party voted to adopt platform planks endorsing marijuana decriminalization, medical cannabis, industrial hemp and federal reclassification of the drug.
Earlier this month, President Trump voiced support for bipartisan congressional legislation that would allow states to enact marijuana legalization laws without federal interference. U.S. Senate Majority Leader Mitch McConnell (R-KY) is leading the charge for hemp legalization, with the support of Minority Leader Chuck Schumer (D-NY).
See the full text of the marijuana banking amendment as considered by senators below:
“None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Puerto Rico, or Guam, to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, producer, or a person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government.”
See the full committee roll call vote on tabling the amendment (an Aye vote is to block the measure from advancing):
- Mitch McConnell, Kentucky – Aye by proxy
- Lamar Alexander, Tennessee – Aye
- Susan Collins, Maine – Aye
- Lisa Murkowski, Alaska – Aye
- Lindsey Graham, South Carolina – Aye by proxy
- Roy Blunt, Missouri – Aye
- Jerry Moran, Kansas – Aye by proxy
- John Hoeven, North Dakota – Aye
- John Boozman, Arkansas – Aye
- Shelly Moore Capito, West Virginia – Aye
- James Lankford, Oklahoma – Aye
- Steve Daines, Montana – No
- John Kennedy, Louisiana – Aye
- Marco Rubio, Florida – Aye by proxy
- Cindy Hyde-Smith, Mississippi – Aye
- Richard Shelby, Alabama, Chairman – Aye
- Patrick Leahy, Vermont, Ranking Member – Aye
- Patty Murray, Washington – No by proxy
- Dianne Feinstein, California – No by proxy
- Dick Durbin, Illinois – Aye by proxy
- Jack Reed, Rhode Island – Aye by proxy
- Jon Tester, Montana – Aye by proxy
- Tom Udall, New Mexico – No
- Jeanne Shaheen, New Hampshire – No by proxy
- Jeff Merkley, Oregon – No
- Chris Coons, Delaware – Aye
- Brian Schatz, Hawaii – No by proxy
- Tammy Baldwin, Wisconsin – No
- Christopher Murphy, Connecticut – Aye by proxy
- Joe Manchin, West Virginia – No
- Chris Van Hollen, Maryland – No
Congressional Committee Asks JUUL For Documents On Marijuana Partnerships
Is the e-cigarette company JUUL planning on expanding its stake in the marijuana industry?
That’s one question the chair of a congressional subcommittee asked the company in a letter concerning JUUL’s role in the “youth e-cigarette epidemic” earlier this month.
Lawmakers have frequently criticized JUUL for making products—specifically flavored e-cigarette cartridges—that allegedly appeal to young people at a time when rates of cigarette use are steadily declining. But while JUUL was developed by the cannabis vaporizer company PAX, it hasn’t announced plans to further partner with marijuana companies.
Rep. Raja Krishnamoorthi (D-IL), who chairs the House Subcommittee on Economic and Consumer Policy, apparently sees the possibility on the horizon, though.
In a letter sent to JUUL on June 7, the congressman said his panel was investigating youth e-cigarette usage and, specifically, how the company’s marketing tactics might be exacerbating the issue. He requested documents on everything from clinical trials on how JUUL devices divert people away from traditional cigarettes to communications on the company’s rationale for the nicotine concentration of JUUL pods.
Tucked within the extensive request is a question about potential marijuana partnerships. Krishnamoorthi asked for:
“All documents, including memoranda and communications, referring or relating to proposals, plans, and/or intended partnerships or collaborations between JUUL and any cannabis-related companies, including but not limited to Cronos Group.”
It’s not clear where the Cronos-specific mention comes from, but the company has perviously caught the interest of the tobacco industry. The maker of Marlboro cigarettes, Altria Group, invested almost $2 billion in the Canada-based cannabis company in December. Two weeks later, Altria invested $13 billion in JUUL.
Marijuana Moment reached out to JUUL, Cronos and Krishnamoorthi’s office for comment, but representatives did not respond by the time of publication.
If a partnership does emerge, it would likely be met with some controversy, as opponents and proponents of marijuana reform alike have long expressed concern that the tobacco industry would take over the cannabis market and commercialize it in a way that mirrors how it peddled cigarettes.
Of course, given that tobacco use is declining and tobacco companies generally have the infrastructure that would make a pivot to cannabis relatively simple, such a partnership would not be especially surprising.
Senate Majority Leader Mitch McConnell (R-KY) has made the case several times that tobacco farmers in his state could leverage the federal legalization of industrial hemp and its derivatives by growing the crop to offset profit losses from declining tobacco sales.
Read Rep. Krishnamoorthi’s full letter to JUUL below:
2019-06-07.Krishnamoorthi t… by on Scribd
Photo courtesy of Wikimedia.
Google Announces Ban On Marijuana Apps In Android Play Store
Apps that help connect people with marijuana products are not welcome anymore in the Google Play store, the company announced in a policy update on Wednesday. That includes apps that facilitate cannabis transactions in states where it’s legal.
The updated policy section states that Google Play doesn’t “allow apps that facilitate the sale of marijuana or marijuana products, regardless of legality.” Previously the page didn’t include any specific mention of cannabis.
The revised guidelines go on to list descriptions of “common violations.” Apps can’t allow users “to order marijuana through an in-app shopping cart feature,” help users “in arranging delivery or pick up of marijuana” or facilitate the “sale of products containing THC.”
A google spokesperson explained the change in an email to Marijuana Moment, adding that affected companies can take advantage of a simple workaround.
“These apps simply need to move the shopping cart flow outside of the app itself to be compliant with this new policy,” the spokesperson said. “We’ve been in contact with many of the developers and are working with them to answer any technical questions and help them implement the changes without customer disruption.”
The spokesperson also said that the company recognizes the popularity of cannabis-related apps and hopes they will remain in the Play Store under the amended rules. Google is working directly with developers of affected apps, the spokesperson said.
Another new section of the policies stipulates that apps “that facilitate the sale of tobacco (including e-cigarettes)” are prohibited. Apps that help consumers purchase alcohol are apparently allowed, but not those that “encourage the irresponsible use of alcohol or tobacco.”
The update was first reported by Android Police, which also noted that Apple has previously banned marijuana-related apps such as the social networking platform MassRoots. But Apple lifted that ban in 2015 and has since taken a relatively hands-off approach to the issue.
Some of the best-known cannabis apps—Weedmaps and Eaze—are still available for download on Google Play as of the time of publication. But insiders believe that their essential functions (i.e. the ordering services) will have to be deactivated. Weedmaps alone has been installed more than one million times to date, and more than 50,000 users have downloaded Eaze.
Android Police reported that Google will be working with affected app developers to resolve any compliance issues over the next month.
In a blog post on Wednesday, Google said that it was generally making a series of policy changes to ensure that its app store serves as “a positive, safe environment for children and families.” As TechCrunch pointed out, this comes about five months after Google Play was the subject of an FTC complaint, which alleged that the company wasn’t doing enough to vet apps that appear in the kids section.
The tech industry has had a strained relationship with marijuana businesses, even as a growing number of states have decided to legalize and regulate the sale of cannabis.
Facebook, which recently showed off its artificial intelligence technology that’s capable of identifying images of marijuana, continues to prohibit the commercial advertising of cannabis products, regardless of the legality of the business under state law.
Noncommercial cannabis news sites such as Marijuana Moment and state regulatory bodies like the Massachusetts Cannabis Control Commission have also been caught up in the anti-marijuana policy despite the fact that they do not promote or sell cannabis products. In some cases, it appears these organizations have been hidden from appearing in search results—a practice known as “shadowbanning.”
The online shopping site eBay also gave cannabis consumers some bad news this week, clarifying that CBD products will continue to be banned globally regardless of individual country laws on the compound.
“Eaze connects adults only to licensed, regulated cannabis retailers,” Elizabeth Ashford, senior director of corporate communications for Eaze, said in an email. “Google’s decision is a disappointing development that only helps the illegal market thrive, but we are confident that Google, Apple and Facebook will eventually do the right thing and allow legal cannabis companies to do business on their platforms. We regret any inconvenience this may cause for customers and patients.”
“Prohibition is over,” she added. “Voters across the country have legalized cannabis.”
Marijuana Moment also reached out to Weedmaps for comment but the company has not yet provided a statement reacting to the Google policy change.
On the flip side, at least one major tech company is testing the regulatory waters after hemp and its derivatives were legalized under the 2018 Farm Bill. The payment processing service Square announced last week that has launched a pilot program designed to give businesses that sell hemp-derived CBD products access to credit card processing services as an alternative to traditional financial institutions that remain wary of working with the industry.
Marijuana might be banned from Google’s app market, but just last year it seemed the company’s executives were pretty bullish about loosening cannabis laws. Google co-founder Sergey Brin joked about supplying employees with joints at a post-election meeting in September.
“I was asking if we could serve joints outside on the patio, but apparently these things take a little while to take effect,” Brin said, referring to the implementation of California’s cannabis legalization measure. “It was a huge, huge disappointment. I’ve been bemoaning that all week, I’ll be honest with you.”
Disclosure: Weedmaps and Eaze are Marijuana Moment advertisers/sponsors.
This story was updated to include comment from Google and Eaze.
Photo courtesy of Rick Proctor.
eBay Says It Will Continue To Ban People From Selling CBD Products
The massive online shopping site eBay says CBD products will continue to be banned globally on its platform, even as other companies like the payment processor Square are working to make it simpler to market hemp-derived goods.
In response to a tweet complaining about cannabidiol oil being removed from the site, the company said last week that the “sale of CBD products is highly regulated in many countries,” and while “they may be legal to buy and sell in some countries, they are regulated by the FDA and enforced by some law enforcement agencies.”
The sale of CBD products is highly regulated in many countries. While they may be legal to buy and sell in some countries, they are regulated by the FDA and enforced by some law enforcement agencies. For this reason, we have decided to prohibit the items globally. Mary
— Ask eBay (@AskeBay) May 24, 2019
“For this reason, we have decided to prohibit the items globally,” an eBay representative wrote.
Compare that stance to the recent announcement from Square, which said last week it has launched a pilot program designed to give CBD businesses access to credit card processing services—something that some companies say they continue to struggle with even though hemp was federally legalized via the 2018 Farm Bill.
A quick search of eBay does turn up several listings for CBD products, including oils, gummies and lotions. But as far as the company is concerned, those sellers are violating a policy that has been a source of frustration for CBD consumers for years.
Community forums discussing the platform’s CBD ban go back to at least 2015, with many challenging eBay’s rationale. But it is the case that while Congress and President Trump acted to legalize hemp and its derivatives late last year, FDA does maintain regulatory authority over CBD and has said it’s currently unlawful to market the cannabis-derived compound as a food item or dietary supplement.
However, FDA is holding a public meeting on Friday to further discuss alternative regulatory pathways that may eventually allow people to sell hemp-derived CBD products. Former FDA Administrator Scott Gottlieb has indicated that the issue may have to be resolved through further congressional action.
But until then, large companies are testing the waters, with companies like CVS Pharmacy saying they will begin selling CBD products in spite of existing federal restrictions.
It doesn’t appear that eBay competitor Amazon has commented on their policy on selling CBD products, but again, a search of the site reveals thousands of hits for a wide range of hemp-based items.
Photo courtesy of Pixabay.