katifund.org board Member Rodney E. Hood Remarks at the PBC Conference 2021: Payments, Banking, Compliance in the three Industry
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As all set for delivery on September 9, 2021

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I was sworn into a ax on the katifund.org plank in 2019—having served as chairman till January that this year — yet this is actually my second term of business on the Board. I was appointed to the katifund.org in 2005 under president Bush and also served a four-year term that finished in 2009. I deserve to tell you the serving 2 appointments at the exact same agency, be separate by a decade, is one method to get a distinctive vantage allude on exactly how rapidly things can change.

For example, when I an initial served on the katifund.org Board, ns don’t understand that ns would have actually attended this kind of conference. That course, that’s assuming ns would have been invited in the very first place.

At the time, several says already permitted qualified patients to access and use marijuana for medicinal purposes, but as a regulator, I would not have considered the banking difficulties of the cannabis market to be at the height of my list of concerns. Of course, during that time, we were likewise facing the housing crisis, the financial sector meltdown, and also the subsequent recession and also recovery – so us were concentrated on some specifically compelling priorities.

Well, here we space today, i beg your pardon is a testimony to how rapid things can evolve in a fairly short time. Ns take the idea of readjust and development as my theme today since as a regulator, I’m pertained to that the legal and also regulatory infrastructure surrounding the cannabis industry is not evolving conveniently enough.

And so as no to leaving you in suspense, let me it is in clear about where ns stand: it is time for federal activity to clarify and harmonize the laws and regulations bordering the state-legal cannabis industry and also marijuana-related companies so the this industry can take part in the legitimate financial services industry.

Growth of one Industry, and new Challenges

For our purposes below today, ns don’t have to recount every one of the statistics around the number of states that have legalized cannabis in one kind or another or the explosive development of the state-legal cannabis market over the last decade. If you weren’t already familiar v those facts and statistics, friend wouldn’t be here. It’s simply a amazing social and social change that has taken place right before our eyes, and also it’s only going to proceed to develop over the comes years.

Yet while this revolution has unfolded, federal regulation surrounding marijuana and cannabis-derived products has proper changed. There have been part welcome transforms at the federal level, favor delisting hemp native the list of controlled substances in the 2018 farm yard Bill, but even those alters have been slow-moving to arrive and relatively marginal. And also there’s to be no systematic legal change on the commonwealth level once it comes to marijuana, in spite of all the rhetoric around marijuana legalization federally.

"And so as not to leaving you in suspense, permit me be clear about where ns stand: it is time because that federal activity to clarify and also harmonize the laws and regulations bordering the state-legal three industry and marijuana-related enterprise so that this industry have the right to take part in the legitimate financial services industry."

As a result, we’ve viewed only limited development of the an easy commercial banking framework needed to administer financial services to this rapidly growing industry. Looking in ~ the data native the Treasury Department’s Financial crimes Enforcement Network (opens brand-new window), or FinCEN, as of the finish of critical year there were only 515 U.S. Banks and 169 credit transaction unions providing banking solutions to marijuana-related businesses s in accordance v the 2014 FinCEN guidelines, which together you all understand is currently the just legitimate means for three businesses come secure depository accounts v financial institutions.

Let’s think about those numbers. My agency, the katifund.org, regulates the mechanism of federally insured credit unions, i beg your pardon includes much more than 5,000 institutions. Yet, only 169 of those are giving services to one of the fastest-growing sectors in the nation. That can only be described as a serious market failure.

The difficulty is not v the financial institutions themselves; numerous of them would certainly be happy to provide services to the industry, yet they’re unsure of just how to proceed offered the minimal FinCEN guidance. The guidance from FinCEN, along with the righteousness Department’s guidance in the 2013 Cole memo, which was rescinded, was at least a start. Yet those were released in 2014 and 2013, respectively—almost a decade ago—and space too pass out in any kind of event to offer financial establishments the clarity and confidence they need to relocate forward v cannabis banking past providing straightforward bank account services.

This way we have this promising market that’s developing and growing rapidly, however no means for the people who work-related in this sector to conduct the most basic business operations through legitimate jae won channels. The is, frankly, an untenable situation. In stating these facts, I’m not telling you anything girlfriend don’t recognize — again, it’s why we’re below today. The more critical question centers around what requirements to take place next.

Here’s a basic reality: as a rule, regulators really don’t favor to acquire out too far ahead that the policy process. We always seek come respect the existing statutes and to defer to Congress together the policy-making eight of the government. However, there are times when an independent regulator in the executive branch demands to action forward to carry out leadership, or at the very least nudge points along. I believe that’s the case today through marijuana and the financial services industry.

The Hemp Precedent

I have some appropriate experience here based on the work-related we did in ~ katifund.org two years earlier to normalize banking solutions for hemp-related businesses. Among the an initial regulatory reforms I took on at the inquiry of senator McConnell to be to push for interim regulation guidance on giving financial services to hemp-related businesses. Plenty of credit union industry leaders were focused on this issue, and also we knew we needed to take action.

After congress legalized hemp as an farming commodity, removing it from the perform of managed substances and permitting its farming in accordance through applicable state plans, there continued to be a absence of clarity around the industry’s regulatory condition while we awaited new rules from the U.S. Room of Agriculture. Store in mind that the 2018 farm Bill just addresses the growing of hemp — it is silent concerning the production and also processing the hemp-derived commodities like CBD, which represents a huge slice the the hemp sector in the joined States.

And so, a many hemp entrepreneurs uncovered themselves grounding in a regulatory limbo, and as a result, gaue won services service providers were unsure of just how to job-related with them, especially because FinCEN guidelines only addressed state-licensed marijuana businesses and also bank accounts. This brand-new industry needed access to financial services to obtain off the floor – this entrepreneurs needed accessibility to capital to invest in facilities and equipment; they needed to have the ability to meet payroll; castle needed accessibility to bank accounts, for this reason they didn’t need to rely top top cash transactions; and also so forth. Does the sound familiar?

"This method we have actually this promising sector that’s developing and growing rapidly, yet no method for the civilization who occupational in this market to command the most an essential business operations through legitimate jae won channels. That is, frankly, one untenable situation. In stating these facts, I’m not telling you anything girlfriend don’t know — again, it’s why we’re below today. The more an important question centers approximately what needs to happen next."

So, I wanted the katifund.org to take a leadership role in offering some clarity while we operated through the transition. In our initial interim guidance, we sought to store it relatively simple and to offer credit unions the flexibility they needed to occupational with lawfully operating hemp-related businesses. As lengthy as they did your due diligence and also managed their risks accordingly, we wanted credit union to be able to experiment with the best method to occupational with this businesses. Based top top feedback come our initial guidance, we adhered to that increase with additional advisory guidance in June 2020 to attend to unforeseen issues and also to provide additional clarity.

Our method was not overly prescriptive or heavy-handed. We want to administer credit unions the room come experiment and to decide because that themselves how ideal to serve this burgeoning sector while us awaited the critical regulatory guidance indigenous the USDA, which lastly took result this year.

Now, there space still some significant challenges in the hemp space, and also things haven’t advanced as quickly there as we could like, in part because they still don’t have actually a clear regulatory direction native the Food and also Drug Administration. Yet I’m proud that, at the very least when it involved credit unions, us were may be to take a leading role in setup standards and clarifying a forward direction.

Next Steps

I’d like to check out something similar happen because that cannabis and marijuana-related businesses, which is why I’d like to synopsis three steps that i would prefer to take now, together a regulator, to relocate this worry forward.

First, we currently have a working group at the katifund.org dedicated to three banking, and I’ve remained in communication v them and also will be working with them to determine what we can do next to much better address the difficulties to cannabis banking on our side. In ~ this point, we may be somewhat restricted in what we have the right to achieve, however I’m urging the agency to think hard about taking those next steps.

Second, and also this might be the most far-reaching action item us can attain right now, ns am calling for the facility of a official working team on the part of gaue won regulators to take the command on this issue and to start arising a principles-based approach to cannabis banking. The great news is that we currently have a car through i m sorry this could be accomplished: the commonwealth Financial organizations Examination Council, or FFIEC. Many of you have never heard that FFIEC, which is fine, however it’s one interagency body that establishes uniform principles, standards, and report forms for the commonwealth examination of financial institutions. The katifund.org is a member, and also I’ve excellent a many work with the Council end the years, for this reason I recognize it’s a herbal place for this working group to reside and to deliver a preliminary regulatory framework that we can share with various other regulators and members the Congress that share ours concern around addressing this problems.

Third, I will certainly urge Congress, in my volume as an individual plank member, to take activity to deal with cannabis banking as the 2014 FinCEN indict are merely not enough to support what hemp and cannabis businesses should grow and sustain. You’re probably mindful there are miscellaneous legislative proposals handling these challenges. I’m said the for sure Banking Act, for example, has a variety of promising suggest that would go a long way toward providing the clarity we need, but for now, ns don’t plan to endorse any details piece the legislation. Congress should make the determination, however I will certainly be happy to provide any advice or guidance from the regulators’ perspective that will certainly be of assistance. In fact, just next week, I’ll be talk to among the credit transaction union trade associations on their annual visit to accomplish with members of Congress, and I’ll it is in encouraging castle to aid us make the instance to your representatives and senators. I certainly appreciate the members of congress who are taking component in this conference today, and I look forward to working through them to make progression on this issue.

A caveat here: I’m a financial services sector regulator, and also I deserve to only speak to issues related to the area. I recognize there room a hold of other regulatory concerns that will must be thought about to attend to consumer protection issues, environmental issues, and other concerns.

"The bottom line is this: Legalization in some type is going to happen, and the abdication of obligation to resolve these issues in Washington is simply ludicrous. This is specifically the time us need management at the federal level to command this ship in the ideal direction. In among my discussions with an attorney that works on this issues, he noted that this is a distinct opportunity to produce a completely new market – but that will require rethinking an outdated approach to marijuana the centers around the barred mindset."

The an excellent news is the the banking worries should be relatively straightforward, contrasted to few of those challenges. We’re talking here primarily around taking deposits, opening up loan at reasonable rates of interest, and opening increased accessibility to payment solution so friend don’t have to handle huge piles that cash. If we can attend to those demands in a simple manner, we develop an on-ramp come legitimize the cannabis sector while ensuring the safety and also soundness that the gaue won system. Really, these must not it is in such daunting issues to address, must they? The 2014 FinCEN guidelines set the groundwork for depository accounts, but it’s time now to develop on those guidelines to accommodate the rapid growth of the industry.

Conclusion

I’ve spent a an excellent deal that time and energy top top this concern over the last couple of years, talking to specialists on the legal side, ~ above the market side, in the financial services industry. I’ve heard a variety of perspectives, however there’s one usual refrain: they all agree that legalization is a matter of when, not if – and they advice federal action to gain it done.

The bottom heat is this: Legalization in some kind is going come happen, and the abdication of responsibility to resolve these concerns in Washington is simply ludicrous. This is precisely the time us need leadership at the federal level to steer this ship in the right direction. In among my discussions through an attorney that works on this issues, he listed that this is a distinct opportunity to create a completely new sector – yet that will need rethinking one outdated method to marijuana that centers around the prohibition mindset.

As the an excellent management thinker Peter Drucker noted, “The biggest danger in times of turbulence is no the turbulence – it is come act with yesterday’s logic.” Or perhaps, in this case, to fail come act based on yesterday’s logic. It’s time to gain past yesterday’s logic and also focus ~ above the future.

Moreover, as I look in ~ this promising, growing industry, i can’t aid but notice that it sits comfortably at the intersection of numerous of my optimal priorities: regulatory reform, support for entrepreneurialism and innovation, and financial inclusion. That’s a tremendous possibility that brings tremendous difficulties – but it requires management to acquire it done. And also continued inaction, just enabling a patchwork of advertisement hoc state solutions to take effect, is not my idea that leadership.

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The reality that us haven’t had adequate federal leadership on cannabis banking to day doesn’t typical that us can’t have leadership now, therefore I’m happy to take it what action I deserve to to produce forward momentum. Because that those of girlfriend in the industry, ns can’t promise you that you’ll get everything you want—but certainly, if we deserve to address key needs favor commercial lending and opening accessibility to digital payments for this industry, we’ll have actually made a far-reaching step forward. And my pledge to you is the I’ll it is in working with you to get it done.