Pubdate: Wed, 17 Jul 2013 Source: Fort Collins Coloradoan (CO) Copyright: 2013 The Fort Collins Coloradoan Contact: http://www.coloradoan.com/customerservice/contactus.html Website: http://www.coloradoan.com/ Details: http://www.mapinc.org/media/1580 Author: Pat Ferrier BILL MIGHT HELP POT SHOP BANKING WOES Although a Proposal by U.S. Rep. Ed Perlmutter Would Protect Banks From Federal Prosecution, Some Might Still Refuse to Do Business With Marijuana Shops. When Donald Cruickshank opened his medical marijuana dispensary a couple of years ago, he had no trouble finding a bank to take his money. But when the federal government threatened to prosecute the bank for doing business with a pot shop, the bank quickly dropped Cruickshank's account. Two other banks followed suit. That meant Cruickshank, co-owner of A Kind Place, had to operate almost entirely in cash. Now, seven months after Colorado voters legalized recreational marijuana use and Fort Collins voters lifted a citywide ban on their businesses, dispensary owners are finding financial services difficult to obtain as they prepare to reopen. U.S. Rep. Ed Perlmutter wants to change that. The Democrat from Golden recently introduced in Congress the Marijuana Business Access to Banking Act that would protect banks doing business with marijuana dispensaries from federal prosecution. Providing banking services to dispensaries is prohibited under federal law, which still considers marijuana an illegal substance. "This is not about whether you agree or disagree or support the use of marijuana," said Leslie Oliver, Perlmutter's communications director. "It's about ensuring public safety and that businesses that are legal can do what other legal businesses can do." Nineteen states allow medical marijuana use, but only Colorado and Washington have legalized recreational marijuana use for those older than age 21. That has led to broad support for Perlmutter's bill across the country, Oliver said. "We're hopeful we can pick up more support as we begin educating (House) members about the purpose and the goal" of the bill. Operating an all-cash business puts dispensary owners, employees and customers at risk of robbery, theft and assault, Oliver said. The bill helps prevent crime and helps cities that tax marijuana sales track the money, she said. "The benefits run pretty deep. It's not the be-all, end-all solution, but it would alleviate some of the conflict between federal and state law." The act has the full support of the Colorado Bankers Association, which helped draft the bill's language. "While many opposed Amendment 64, the Colorado Bankers Association believes the state cannot tax or regulate a business for which it can't follow the money. ... This bill is a tailored, rational approach to address this issue," said CBA President and CEO Don Childears in an email to the Coloradoan. Not all dispensary owners have had a tough time finding local banking services, although they pay hefty fees, said Dave Watson, owner of Kind Care of Colorado, which expects to reopen in Fort Collins by the end of the month. Like Cruickshank, Watson had an account at one local bank that shut him off when federal bank regulators discovered the practice. He found another local bank that welcomed him but charges a $250 monthly fee and 20 cents for every hundred dollars he deposits in cash, he said. "It's not cheap to go to a bank for our industry," he said. But it gives him peace of mind to know there's not a lot of cash sitting around the business. "It would be nice to get equal treatment like other businesses," Watson said. "It's pretty frustrating the way they treat us, the fees . we're just having to jump through a ton more hoops than other businesses would." Even if Perlmutter's bill passes Congress, pot shops might not find many friendly bankers waiting at the front door. Kelso Kelly, president and CEO of Capital West Bank in Fort Collins and Laramie, Wyo., said the bill wouldn't change his bank's position. "When part of your reputation is founded on the public trust, things that are kind of on the fringe in our society, we tend to not be on the leading edge of jumping in." But if the bill passes and all goes well, Kelly said the bank might consider doing business with pot shops down the road. Mark Driscoll, president of First National Bank of Fort Collins, doubted his bank would change its approach. "The reason we don't is because we can't, it's cut and dry," said Driscoll, an outspoken critic of marijuana dispensaries. "I guess it would make it a business decision rather than regulatory decision if we wanted to be in that business." Verus Bank of Commerce Chairman Gerard Nalezny said any law that provides clarity for banks would be helpful. "It's difficult to navigate where on one level you're legal and one level you're not," he said. "Any clarification in any direction would be helpful. It's too bad because it forces it underground, which is probably not what you want." - --- MAP posted-by: Jay Bergstrom