Smoke and Mirrors — Navigating the Regulatory Landscape in Banking the Marijuana Industry

59 minute watch | October.31.2019

An increasing number of states have enacted laws legalizing marijuana for medicinal and recreational use, but federal law continues to prohibit the manufacture, distribution, or dispensing of marijuana. The conflict between state and federal law has created uncertainty for financial institutions looking to offer services to marijuana-related businesses, as well as to landlords, contractors, and other vendors supporting the industry. The regulators have provided little guidance in this area and, while federal legislation seems to be gaining momentum, the prospects of passing laws that address the problem remain uncertain.

Orrick attorneys Fredrick Levin and Ben Hutten discussed the current state of the law, due-diligence procedures for financial institutions that are providing or considering providing services to marijuana-related businesses, issues giving rise to litigation, and legislative developments. Panelists from Orrick's Anti Money Laundering and Bank Secrecy Act and Complex Litigation & Dispute Resolution practice groups provided practical advice to institutions, discussed lessons to be learned, and offered clear, practical steps necessary to prepare for upcoming examinations.

Webinar filmed prior to the combination of Buckley and Orrick in 2023.

The information contained herein is for informational purposes only, does not constitute legal advice, and does not necessarily reflect the opinions of Orrick or any of its attorneys or clients. This presentation is not intended to create, and does not create, an attorney-client relationship between you and Orrick, or any of the presenters, and you should not act or rely on any information in this presentation without consulting legal counsel. The information contained in this presentation may or may not reflect the most current legal developments. Accordingly, information in this presentation is not promised or guaranteed to be correct or complete, and it should not be considered an indication of future results. Orrick expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this presentation.