Committee Blog: The Road Ahead for Cannabis Payments in 2022
by Daniel Muller, Founder & CEO of AeroPay Member of NCIA’s Banking and Finance Committee
In many legal dispensaries around the U.S., customers have been given the option to pay with debit cards via “Cashless ATM” transactions, but the regulatory walls around these methods might be closing in. Last December, Visa explicitly called out the misuse of ATM cash disbursements by merchant dispensaries that are unable to obtain payment services due to Visa Rules or regulatory constraints. This compliance memo from the United States’ largest payment network put legal dispensaries on high alert, considering how roughly half of the country’s cannabis retailers handle payments through point-of-banking, or cashless ATM transactions.
While Visa did not clarify specific disciplinary measures, any perceptive retailer should view this as a courtesy warning before official crackdowns begin. Fortunately, eschewing cashless ATM transactions will not relegate dispensaries back to cash-only operations. In fact, there are now a number of compliant payment alternatives available to legal dispensaries that will enable them to operate like full-fledged mainstream retail businesses.
As cannabis business owners eye their next phase of growth, many should examine the long-term advantages of adopting modern and compliant payment solutions that ultimately benefit consumers, retailers, and the industry at large.
What should retailers look for in digital payment partners?
Although both credit cards and debit cards are currently off-limits for cannabis transactions, retailers can still offer digital payment options through bank-to-bank transfers, commonly referred to as ACH. In recent years, more mainstream FinTech platforms specializing in this field, like AeroPay, have started offering ACH bank-to-bank account solutions to regulated cannabis businesses. not only to mitigate the operational risks that come with cash-only and cashless ATM transactions but also enable dispensaries to provide seamless retail experiences. Nevertheless, it’s important to remember that not all ACH platforms are made equal. Retailers in search of a compliant and effective digital payment partner should be mindful of the following operating standards before signing on.
First and foremost, payment providers must require transparent and accurate reporting. Dispensaries that use an alternate store name or address on their transaction receipts are likely “masking” their identities in order to conceal cannabis sales from banks or regulators. Platforms that either facilitate or overlook this misconduct are not operating in accordance with state and federal laws.
Compliant platforms should be forthcoming about securing regulatory approvals in each operational state. A responsible payment platform will have rigorous due diligence processes and obtain the necessary local regulatory approvals and permits before working with clients. It is also equally important to work with providers that have an established relationship with trusted, cannabis-compliant financial institutions, such as Safe Harbor Financial, that follow all reporting guidelines outlined by the Financial Crimes Enforcement Network (FinCEN).
In this highly regulated space, it is especially valuable to partner with platforms that offer extensive fraud and anti-money laundering transaction monitoring. These are still prevalent issues within the regulated industry and compliant providers are serious about keeping both their internal operations and clients accountable. Platforms that thoroughly vet clients and routinely look into potential misconduct are mitigating payment risks for dispensaries and consumers while reinforcing the legitimacy of the regulated market.
Finally, dispensaries should seek out solutions that complement their overall tech stack. The industry’s open architecture leaders see the value in integration. Integrations of payment solutions with POS systems and e-commerce solutions can introduce sophisticated services such as cashless payments for deliveries or allowing prepayments online – features that are not feasible through point-of-banking. These seamless, integrated solutions also reduce the risk of human error.
What’s the upside to going cashless?
Running a profitable and streamlined cannabis operation requires business owners to mitigate potential risks. Unfortunately, relying on cash transactions may exacerbate safety concerns, especially in light of increasing dispensary burglary rates across the country. Transitioning to digital payments not only enhances dispensary security but also reduces the possibility of employee theft –which can range from cash skimming to giving away free products under the table.
From an operational and consumer experience standpoint, allowing cashless ATM transactions or cash payments can maximize internal redundancies and friction points at checkout. In fact, mainstream e-commerce studies have already identified extra costs, lengthy checkout processes and untrustworthy payment platforms as the leading drivers of cart abandonment. This is a serious issue that negatively impacts inventory management and new customer acquisitions.
Offering contactless, digital payments can increase basket sizes for both e-commerce and brick-and-mortar settings. While it is widely known that online cannabis orders often outperform in-store transactions, it is also worth noting that contactless payment options can boost total purchase value by 19 percent among mainstream retailers. Although this is an emerging technology within cannabis retail, dispensaries must proactively cater to customer preferences in this competitive environment, especially considering how roughly 60 percent of consumers are currently using digital wallets for mobile payments.
How are digital payment services creating a solid foundation for the regulated industry?
Over the past decade, the industry has adopted a number of makeshift solutions to overcome both expected and unexpected regulatory and consumer challenges. However, as cannabis evolves into a more established sector, it will be imperative for businesses to leverage battle-tested platforms and services to ensure compliant and reliable operations.
By integrating digital payments into a business’ best practices early on, cannabis retailers are positioned to operate seamlessly, thus bolstering their credibility among regulators, investors and future business partners. Additionally, working with a platform that diligently vets clients will ensure timely customer and vendor payments –thus eliminating a pervasive and frustrating retail bottleneck. Embracing digital solutions not only reduces opportunity costs associated with manually tracking cash flow but also optimizes tax collection, compliance monitoring and enforcement as well as consumer-facing cashback and loyalty programs. More importantly, optimizing these internal operations could allow the cannabis industry to establish new and efficient flow of funds standards that do not exist in mainstream sectors.
As the chasm between legal cannabis and established sectors narrows, industry stakeholders must make a concerted effort to adopt standard operating procedures that align with global business practices. It is time for cannabis retailers to finally utilize modern payment solutions for their increasingly mainstream businesses. Gaining access to legitimate payment and banking partners has been a perennial issue within the industry, but dispensaries now have the chance to use this inflection point as an opportunity to demonstrate the sector’s commitment to operating compliantly and fostering trust within the wider business community.
Senate Banking Committee Chairman Gives Cannabis Industry Coal for Christmas
by Michael Correia, NCIA’s Director of Government Relations
NCIA’s Director of Government Relations, Michael Correia
As you may have heard by now, Senate Banking Committee Chairman Mike Crapo (R-ID) issued a very disappointing press releaseabout his opposition to the SAFE Banking Act yesterday. If you recall, the SAFE Banking Act passed the House of Representatives in September with an overwhelming bipartisan majority (321-103) and is waiting for a legislative markup in the more conservative Senate.
In the release, Chairman Crapo said, “I remain firmly opposed to efforts to legalize marijuana on the federal level, and I am opposed to legalization in the State of Idaho. I also do not support the SAFE Banking Act that passed in the House of Representatives. Significant concerns remain that the SAFE Banking Act does not address the high-level potency of marijuana, marketing tactics to children, lack of research on marijuana’s effects, and the need to prevent bad actors and cartels from using the banks to disguise ill-gotten cash to launder money into the financial system.” Perhaps the most alarming change Chairman Crapo suggested was a 2% THC potency cap on products in order for a business to have access to the banking system. This provision alone is unworkable and unacceptable.
Chairman Crapo continued by outlining numerous areas that he believes need to be addressed:
Add public health and safety solutions as a requirement for banks to do business with legally-operating state cannabis companies. Options to consider include THC potency; clear and conspicuous disclosures on products; marketing; effects on minors, unborn children and pregnant women; and age restrictions, among other considerations.
Prevent bad actors and cartels from using legacy cash and the financial system to disguise ill-gotten cash or launder money.
Update 2014 FinCEN rulemaking and guidance regarding marijuana-related businesses, and ensure FinCEN has all of the necessary tools it needs to prosecute money launderers and promulgate rulemakings.
Respect state rights in interstate commerce and banking for institutions who operate in multiple states with different state rules.
Eliminate “Operation Choke Point” and preventing future “Operation Choke Point” initiatives. Under fear of retribution, many banks have stopped providing financial services to members of lawful industries for no reason other than political pressure, which takes the guise of regulatory and enforcement scrutiny.
Unfortunately, Chairman Crapo’s views are out of step with the majority of Americans, and every day that he delays a markup on this legislation is another day that puts public safety at risk. While the Chairman may oppose broader cannabis policy reform, he clearly recognizes the problems created by lack of access to financial services. The SAFE Banking Act already addresses many of the chairman’s concerns, particularly public safety, clarity, and transparency. We’re happy to discuss these items with the Senate Banking Committee in a markup. However, efforts to slow this legislation’s momentum will not fix the underlying problems and will continue to put people at risk.
NCIA will continue to work with industry stakeholders, advocates, the financial services industry, and other coalition partners to address Chairman Crapo’s concerns and reach a conclusion that aids public safety, is good policy, and delivers a positive outcome for the burgeoning cannabis industry. That being said, here is how you can help.
Chairman Crapo is requesting public feedback on the SAFE Banking Act and the concerns that he outlined. Interested? You can submit proposals to Banking Committee staff at submissions@banking.senate.gov. Here are a few important tips to remember:
Be polite. While the Chairman’s opinions may not align with your own, remember that he is the sole person deciding whether or not the SAFE Banking Act will continue on in the legislative process.
NCIA, the American Bankers Association, and many other stakeholders have already provided the committee with relevant information on several of the issues identified by the Chairman including legacy cash, interstate commerce and ‘Operation Chokepoint.’
The SAFE Banking Act is a narrow financial services bill that will increase transparency, accountability, and public safety in communities around the country. It does not legalize marijuana.
The SAFE Banking Act is supported by a wide range of national organizations and state officials, including: National Association of Attorneys General (NAAG), United Food and Commercial Workers (UFCW), Credit Union National Association (CUNA), Independent Community Bankers Association (ICBA), American Bankers Association (ABA), Mid-size Bank Coalition of America (MBCA), National Bankers Association (NBA), Electronic Transaction Association (ETA), Law Enforcement Action Partnership (LEAP), The Real Estate Roundtable (RER), National Association of REALTORS, Safe and Responsible Banking Alliance (SARBA), American Land Title Association (ALTA), American Property Casualty Insurance Association (APCIA), The Council of Insurance Agents and Brokers (CIAB), Reinsurance Association of America (RAA), Independent Insurance Agents and Brokers of America (Big “I”), Wholesale Specialty Insurance Association (WSIA), National Association of Mutual Insurance Companies (NAMIC), Rural County Representatives of California (RCRC), Brinks, Inc., International Council of Shopping Centers (ICSC), National Association of Professional Employer Associations (NAPEA), National Cannabis Industry Association (NCIA), Minority Cannabis Business Association (MCBA), National Cannabis Roundtable (NCR) and the Cannabis Trade Federation (CTF). Additionally, the Mayors Coalition to Push for Marijuana Reform, 38 State Attorneys General, 20 Governors, and 18 State Banking Supervisors have endorsed the legislation.
If your business is not yet a member of NCIA, the best way you can help this effort is by joining today so that our team in D.C. can start the year off stronger than ever in our efforts to move sensible banking reform through the Senate and to the president’s desk. Although this news is not what we wanted for Christmas, NCIA has been and will continue to work tirelessly to pass the SAFE Banking Act. We will continue to advocate for a responsible, safe, legal industry in 2020 and beyond. Happy holidays from NCIA’s D.C. team to you and yours!
VIDEO: The Cannabis Industry’s Banking Crisis – Explained
The cannabis industry faces many hurdles along the path to federal legalization. One of the major obstacles faced by cultivators, processors, and dispensary owners is a lack of clear direction for financial institutions about how to provide banking services for those state-legal, licensed cannabis businesses. In this educational video, learn more about the federal banking crisis and the Congressional solution that can fix it.
Member Spotlight: Hypur
For December’s member spotlight, we zoom in on Arizona-based Hypur, an NCIA member business who is committed to “innovation with purpose” by providing solutions for one of our industry’s major hurdles: financial compliance. Navigating the various layers of regulations with mastery is an important aspect of being transparent, legitimate, and compliant, and is an essential cornerstone of NCIA’s mission and values.
Our solution is a technology platform that provides unprecedented transparency and accountability for banks and regulators, and legitimacy, safety, and convenience for businesses and their customers. With many banks and credit unions wanting to bank these booming industries, and government bodies wanting banking services available to them, we knew the demand for our platform would be robust. Hypur represents the future of commerce for cash-intensive businesses and high-risk challenging industries. Hypur’s technology provides financial institutions with a state-of-the-art compliance platform that enables them to profitably bank these businesses – revolutionizing the businesses and the communities they operate in.
What kind of banking and payment solutions does Hypur provide?
The Hypur payment network is available to clients of our financial institutions. It gives retail locations the ability to accept cashless payments from their consumers via their mobile devices. Additionally, businesses that have accounts at Hypur partner financial institutions have the ability to conduct business-to-business transfers electronically without cash.
Can you give us some insight into the unique regulations that affect cannabis business owners in your sector?
Hypur serves financial institutions, which must comply with FinCEN guidance and all BSA/AML laws that govern their institutions. They must also comply with regulatory expectations from the FDIC (Federal Deposit Insurance Corporation), OCC (Office of the Comptroller of the Currency), or NCUA (National Credit Union Association).
Why did you join NCIA?
Hypur always seeks to support leading organizations that intersect with industries of interest. We have taken note of the many important ways that NCIA is advocating for fairness, education, and awareness for the legal cannabis market, and are delighted to be a part of the NCIA community.