By
Elizabeth Chou,
Los Angeles city leaders are looking into the possibility of
setting up a public bank that would do business with marijuana
dispensaries, as well as cater to affordable housing developers.
Council
President Herb Wesson proposed the idea in a speech at City Hall,
laying out his agenda for the next two years. He said a municipal bank
would be able to focus on providing financing to small businesses and
developers of affordable housing.
The announcement comes as Oakland also is considering opening its own bank.
“Imagine, if this is possible, to have a bank, where its
vision statement is to finance the building of affordable housing,” he
told his colleagues on the City Council. “Imagine if we have a bank that
is focused on working with small-business entrepreneurs to give them
loans.”
But while Wesson pointed to the various reasons a
municipal bank would be a good idea, it also comes at a key moment for
California’s cannabis industry, which will be able to legally sell pot
for recreational use in 2018.
Businesses selling
marijuana in California, where it has been legal for medicinal use for
years, often operate as cash businesses. That is because major banks do
not want to open accounts or offer services with them, in fear of
violating federal laws that lump cannabis together with drugs like
heroin as “Schedule I” narcotics.
The city also is working on a local program
to allow marijuana businesses to operate legally and to repeal
Proposition D, a 2013 voter-approved measure that banned pot shops while
giving immunity to up to 135 that had submitted their applications to
the city by a certain date.
“We won’t be like a giant
ostrich and stick our heads in the sand, because we recognize that 80
percent of the people in this city voted for us to regulate, tax and
police the cannabis industry,” Wesson said Tuesday, referring to Measure
M, which was approved by voters in March.
He pointed to examples of the lengths cannabis
businesses operators have gone to safely keep their money, such as the
“people that are going to go home tonight and sleep on a mattress that’s
worth $2 million” and those who “have a million and a half dollars in
cash buried in the backyard.”
“We have to figure out a way to make this industry work,” he said.
He
told reporters afterward that while it might be an unusual idea,
“alternative banking” has been floated by several groups, including
people affiliated with the cannabis industry.
Helping the marijuana industry succeed could prove
lucrative for the city of Los Angeles. City leaders estimate that once
more marijuana businesses are allowed to operate legally, as much as $50
million in tax revenue from the cannabis industry could flow into city
coffers in the first year.
Gregory
Meguerian, the owner of a medical marijuana dispensary in Van Nuys,
said that while Los Angeles accepts business tax payments in cash, the
state’s Board of Equalization won’t take the bills.
“It’s very difficult to try to pay them 10,000-plus dollars a month and you have no bank account,” he said.
Meguerian,
who is part of the committee that is advising the city on its new
marijuana regulation, said he supports the idea of a cannabis-friendly
municipal bank “a hundred percent.” But he also sees challenges ahead
for the city, in light of experiences in other states that have already
legalized the recreational use of marijuana.
“I know Colorado barely got it right,” he said. “We’ll see. I hope it does happen, and I hope it happens quickly.”
Wesson is expected to officially introduce a motion
instructing the Budget and Finance Committee, chaired by Councilman Paul
Krekorian, to begin looking into the feasibility of the idea.
A
bank could run afoul of federal law if it does not put in extra effort
to comply when working with a business in the marijuana industry. While
many well-known banks refuse to open accounts or offer services to these
businesses, some local banks and credit unions are willing to work with
the industry, according to a draft motion provided by Wesson’s office.
Federal records from March show that 368 banks, credit
unions and other institutions work with cannabis businesses on a limited
basis, while the Partner Colorado Credit Union has a “safe harbor
private banking program” that accepts cannabis business clients, which
have become 80 percent of the institution’s customer base, Wesson’s
draft motion said.
Public banks are not very common, and
the only model the city may have to consult is the Bank of North Dakota,
set up in 1919. That bank was created when farmers became upset that
many major financial institutions seemed to overly favor railroads and
agricultural interests from outside the state, according to Wesson’s
office.
The Bank of North Dakota has expanded its services to
include low-interest student loans, home loans, financing for public
construction and affordable housing, and scholarships, according to the
draft motion.
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