States Act Fails Again – Mitch McConnell (R-Ky.) Opposes Bill

States Act Fails Again – Mitch McConnell (R-Ky.) Opposes Bill
New York Daily Weed Report
He did support hemp reform via the farm bill which would be a major source of revenue for his home state of Kentucky

State compliant legal marijuana companies cannot use banks.  If the “states act” becomes law, this restriction will be lifted.  However, it was not to be.  Earlier this week, Sen. Cory Gardner (R-Colo.) reintroduced the States Act, which is designed to protect the interests of states with regard to marijuana. In particular, it would recognize that compliant transactions in legalized states aren’t considered “trafficking,” which would therefore no longer constitute an unlawful transaction by the federal government’s definition. Essentially, it would allow states to regulate their own industries without the fear of federal intervention.

The States Act would open the door to basic banking services for the marijuana industry. If pot companies had access to checking accounts, lines of credit, and loans, they would be able to hire more workers, expand more quickly, reorder supplies with regularity, and move away from a reliance on cash, which is a security concern.

Gardner reintroduced the States Act on Monday, Dec. 17, as an amendment to the First Step Act, a criminal justice reform bill that has plenty of support on Capitol Hill and is widely expected to be signed into law. This is a bill that would reduce sentences for nonviolent offenders. By attaching it as an amendment to a larger, popular bill, Gardner hoped to change the way cannabis businesses seek financial services with ease.

Of course, the attached amendment needed to first get by Senate Majority Leader Mitch McConnell (R-Ky.). It failed to do so. Despite McConnell spearheading industrial hemp reform via the Farm Bill, which could become a major revenue driver within his home state of Kentucky, McConnell has shunned attempts to reform federal cannabis laws. Disallowing the attached amendment causes Gardner’s second attempt to have the States Act signed into law to again come up short. 

Interestingly enough, gaining access to basic banking services isn’t an issue confined to U.S. cannabis companies. Canadian marijuana stocks, which are now enjoying a fully legal environment, have at times still struggled to find financial institutions that are willing to provide nondilutive financing options.

Many have, in fact, still been turning to bought-deal offerings in recent months to raise capital. A bought-deal offering involves the sale of common stock, convertible debentures, stock options, and/or warrants in order to raise money. As a result of these actions, the outstanding share count of publicly traded companies increases, leading to share-based dilution and, often, a negative impact on earnings per share.

Perhaps the one exception to the rule has been the Bank of Montreal(NYSE:BMO). Back in February, Bank of Montreal co-led a round of financing totaling $136 million with GMP Securities for Canopy Growth. It was the first time a major bank had led a round of traditional financing for the marijuana industry.

Bank of Montreal has also actively lent money to Aurora Cannabis, the projected largest grower by peak annual production. In September, Aurora closed a 200-million-Canadian-dollar debt facility with Bank of Montreal that consists of a CA$150 million term loan and a CA$50 million revolving credit facility, both of which mature in 2021. Presumably, if the marijuana industry grows rapidly and starts raking in the green, financial institutions like the Bank of Montreal that are willing to give pot stocks a chance could share in that growth. 

Even with adult-use pot legalized to our north, supply shortages, an increase in competition, and concerns about profitability have discouraged US banks from offering a full complement of banking services to the cannabis industry.

Until this changes, the full potential of the marijuana industry may not be realized.

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