S. 1323 · 118th Congress · Senate

SAFE Banking Act of 2023

Active· Committee on Banking, Housing, and Urban Affairs. Hearings held.
Introduced
Apr 26, 23
Passed Senate
Pending
Passed House
Pending
Sent to President
Pending
Signed into Law
Pending

Executive 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.

Action Timeline

3
  1. MAY 11, 2023Committee

    Committee on Banking, Housing, and Urban Affairs. Hearings held.

  2. APR 26, 2023IntroReferral

    Introduced in Senate

  3. APR 26, 2023IntroReferral

    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Committees

2

Banking, Housing, and Urban Affairs Committee

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Referred: May 11, 2023

Active

Banking, Housing, and Urban Affairs Committee

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Referred: Apr 26, 2023

Active