In the must-pass National Defense Authorization Act (NDAA), the House voted to add on the SAFE Banking Act as an amendment. This has caused support as well as backlash from various lawmakers in both the House of Representatives and the Senate.
SAFE Banking
The Secure and Fair Enforcement (SAFE) Banking Act has now passed the House five times. It would enable protections to banks and companies who deal with the cannabis industry directly or jointly. However, the Senate remains silent on cannabis banking. Representative Ed Perlmutter, D-Colo., who has sponsored the SAFE Banking Act for years, wants the bill to be discussed by the Senate. Now it has the chance.
But it doesn’t seem all Representatives are on board with making the SAFE Banking Act an amendment. Representative Mike Rogers, R-Ala., had supported the SAFE Banking Act when it was first brought to the floor this year. Now, he finds it unnecessary to attach the act as an amendment.
“This is a fine piece of legislation in a standalone fashion,” Rogers explained. “In fact, I voted for the gentleman’s standalone bill. I think what he’s trying to accomplish is admirable and should be accomplished, but not in the National Defense Authorization Act.”
To Rogers, the SAFE Banking amendment doesn’t connect with the defense bill. It isn’t germane. To call an amendment germane means that it must be significant and connect to the bill it’s becoming attached to. Specifically, Perlmutter argues the amendment is germane because the parliamentarian labeled the amendment as such. This way, lawmakers can’t add amendments to any bill to pass their own agendas when it has nothing to do with the primary law at hand. This law has been in place since 1789 and hasn’t changed since 1822. It’s a staple law in the House of Representatives.
The House also employs a nonpartisan parliamentarian, decided by the House Speaker every session, to offer guidance on rules and procedures. The current parliamentarian, Jason Smith, deemed the SAFE Banking Act a germane amendment to the NDAA.
Senate
A few Senators have taken to social media to express their opinion on the SAFE Banking amendment. Responses have been for and against the amendment. For example, Senator Cory Booker, D-N.J., who continuously advocates for cannabis reform, said, “It’s something that should not be included … It undermines the ability to get comprehensive marijuana reform and the kind of things that are harder to get done like expungement of people’s records.”
Another senator, Kevin Cramer, R-N.D., is in support of the amendment. “It’s not a great vehicle for it, but if it’s a vehicle that can carry it, I think it’d be fine. … Any vehicle’s good that gets it to pass it.”
There are several lawmakers on both sides of the political line who are swapping opinions and changing stances every day. Those previously against cannabis are for the banking act while those for cannabis reform say this isn’t the best way to move SAFE banking forward. It’s unclear when the Senate will discuss the NDAA and it’s SAFE Banking amendment. The other amendments proposed by the House, including research into psychedelics, saw removal in favor of moving the bill forward. When the Senate does vote on the NDAA, we will update you with the latest.
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