Member Blog: Trials and Tribulations – Compliance for Banking
by Nicole Perry, DartBank
There are not a lot of financial institutions out there that support cannabis, so finding the right one is important. What is also important is to understand the ‘why’ behind what they are asking. Opening a cannabis bank account is not as easy as opening a traditional business bank account. With cannabis being federally illegal, banks, and credit unions must adhere to the rules and regulations set forth by our regulators, also tying in the respective state that the cannabis business is operating in.
An initial phone call is often set up for the financial institution to learn more about the cannabis business, its owners, and signers. Knowing when the business will be operational and what their big picture looks like is fundamentally important. Questions could be asked about ownership, location, growth, licenses, and compliance. Some products and services are not fully available to the cannabis industry, because other players have not fully opted in (i.e., merchant processing and debit/credit cards). This makes the financial institution banking cannabis able to create a product suite that they feel comfortable with from a risk and compliance standpoint. Pricing out cannabis bank accounts is also something that differs from the traditional businesses being banked.
Again, not every financial institution will support cannabis, and that is because it is expensive. It is expensive because those that support the industry have had to seek guidance from consultants, their respective regulator, their state, their local cannabis groups and associations and their board of directors. The initial onboarding of a cannabis customer, after pricing is accepted, takes longer as well. Background and credit checks, as well as risk reviews need to be completed at most financial institutions, along with an initial onsite audit visit.
It is widely understood that cannabis businesses must go through an inspection with their operating state before they are licensed, however, financial institutions are still required to make sure they know what they are working with. Most financial institutions work closely with their compliance/BSA teams to develop risk profiles so that if questions are asked of them during an audit, they can answer to the best of their knowledge the transactions that are occurring and then prove that we understand what the cannabis businesses are using their accounts for. Many financial institutions have implemented the use of compliance software that allows their cannabis departments to review transactions, seed-to-sale monitoring, monitor licensing, insurance, onsite visits, and financial changes. METRC and Bio Track are the two main seed-to-sale tracking systems used throughout the United States. Most states have adopted using one or the other and few have implemented their own manual tracking.
The seed-to-sale system your financial institution chooses to work with can integrate with your respective state’s seed-to-sale tracking system for financial institutions to monitor account transactions and seed-to-sale flow. It is common to have your financial institution reach out to you once you have been onboarded to integrate your API key (QR code that houses your cannabis licenses) into their respective compliance software to initialize the tracking component. Directly after this, the designated person at the cannabis business or CPA (to be determined by the cannabis business) will be asked to upload your financials into the compliance software monthly for tracking purposes. These systems correlate with most POS systems as well as QuickBooks for a seamless flow. Financial Institutions are often asked by cannabis businesses if this is something they can do in-house or if they can utilize an outside CPA firm to help. The answer is yes to both. It takes minimal time each month to upload your financials so doing it yourself is certainly feasible, however, there are many CPA firms out there who will do it for you, along with making sure your numbers make sense and your taxes are accounted for. Not to mention, the annual CPA attestation as well.
Financial institutions are not asking you to do this to make your life difficult. It is simply because this is a new industry, one that is federally illegal at that, and verifying information to better understand how the industry works only helps to normalize it. It is also common for your financial institution to ask for invoices to accompany transactions such as wires, ACH, bill pay, checks, cash deposits, etc. We do this because auditors also ask us if we can, in fact, verify we know what this transaction was for and to whom the funds went. It also helps with fraud surveillance. Most financial institutions have experts in fraud or compliance who can help deter this from happening to you and your business.
We have come a long way since inception and have learned a lot over the years. What is important to know is we are all a team. The cannabis business and the financial institution are working together to understand how they both complement each other. Together we are building the cannabis industry, so that one day, when it is stabilized and normalized, we can take that with us for the next big thing. Every industry out there was new at one point and had to go through the same trials and tribulations, and while most of us cannot remember or have never been a part of the ‘build out,’ it did happen at some point. When your financial institution asks you for something related to transactions or business, please understand that it is for the better of the industry.
We can work together to normalize and strengthen this industry. All the steps we are taking are learning opportunities. I believe everyone can say at one point they did not know how to do something, but through training, education, and a road map, we were able to develop a routine so that as we grew at understanding something we had not understood before, it became normal.
Nicole Perry has been with Dart Bank since 2016 as the Office Manager and most recently VP/Senior Treasury Management Officer. She brings with her 20 years of financial services experience. Prior to joining Dart Bank, she worked for various financial institutions holding many different roles, specializing in business banking.
Nicole is an alumna of the Lansing Chamber of Commerce’s Lansing Leadership 2018 class and is part of the Perry School of Banking class of 2020. She received her Bachelor of Arts in Business Management with an emphasis in Human Resources from Davenport University and attended Central Michigan University for her Master of Science degree. In her spare time, Nicole enjoys attending Michigan State University football and basketball games and spending time with her family and friends at the lake.
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.
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