KEY POINTS
  • Legislation to legalize and regulate cannabis in the U.S. continues to gain steam but commercial and investment banks are moving in the opposite direction.
  • Capital in an exciting, profitable and socially-beneficial industry shouldn't just be flowing north to Canada. It should stay in the U.S. so that when Americans invest in this space, they can do so with confidence.
  • In a head scratching move, Bank of New York Mellon Corp said it would restrict trading of popular cannabis companies that are listed on Canadian exchanges, but have U.S. operations. Canadian-listed firms without U.S. operations would still be tradable.

Buoyed by wide-scale public support, legislation to legalize and properly regulate cannabis in the U.S. on the state and federal level continues to gain steam. So why are commercial and investment banks moving in the opposite direction? And what are the risks to U.S. companies and workers who are trying to build out this high growth, CPG (consumer packaged goods) sector? As a result, the U.S. retail investor has become collateral damage.

The passage of the 2018 Farm Bill, which legalized the cultivation and sale of hemp and hemp derived CBD, signaled federal acceptance and expansion of the cannabis marketplace in the United States. Republican Majority Leader Mitch McConnell's endorsement of the legislation and continued support is a further testament to Washington's growing embrace of the cannabis industry. And recently, the House of Representatives passed its version of the SAFE Banking Act, which would give cannabis companies access to the U.S. banking system including retail banking, credit card processing and access to institutional lending (as opposed to dilutive convertible debt financings).