Policy Issues

SAFE Banking Act and CRBs


Legal cannabis-related businesses (CRBs) face the challenge of obtaining bank accounts, and commercial property owners face legal challenges of taking on CRB tenants without safe harbor protections.


Congress should pass legislation to clarify that state-compliant marijuana transactions are not illegal federal “trafficking” and do not result in unlawful proceeds under money laundering statutes.  This policy would provide protections for lawful real estate business. 

The Roundtable supports legislation advancing through the House and Senate to resolve these cannabis policy issues.


  • 47 states and DC currently legalize marijuana to varying degrees. Yet use, possession, and sale remains illegal under federal law.
  • Real estate owners, lessors, brokers, and financiers need certainty when they transact with legitimate CRBs.
  • The bipartisan Secure and Fair Enforcement (SAFE) Banking Act, (H.R. 1996) would eliminate the need for CRBs to operate on a cash basis, bring them into the banking system, and allow them to obtain accounts and credit cards. Commercial property owners would get a safe harbor if they lease space to a CRB, and their mortgages could not be subject to corrective action by a bank.
  • To date, the SAFE Banking Act has passed the U.S. House numerous times, but it has yet to pass the Senate. 

Other Resources

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