May, 24 2010, 08:15am EDT
For Immediate Release
Contact:
ASA Government Affairs Director Caren Woodson 510-388-0546 or ASA Media Liaison Kris Hermes 510-681-6361
Congress Tries to Stop Denial of Banking Services to Medical Marijuana Providers
Letter sent Friday by 15 Members of Congress to Treasury Secretary Geithner
WASHINGTON
- Fifteen Members of Congress sent a
letter Friday to Treasury Secretary Timothy Geithner urging him to
issue "written guidance for financial institutions," which would commit
the Department to not targeting those institutions whose account
holders are in compliance with state medical marijuana laws. The
patient advocate group Americans for Safe Access (ASA) has received
dozens of reports over the past couple of years from medical marijuana
providers in California, Colorado and other states who have either been
denied financial services or had their existing bank accounts
terminated with little-to-no justification.
"[I]t seems clear that legitimate state-legal businesses are being
denied access to banking services, which does not serve the public
interest," stated the letter authored by Colorado Congressman Jared
Polis (D-CO), who ASA has been working with to bring this issue to the
attention of Treasury. The Congressional letter, which was co-signed by
Representatives from Arizona, California, Massachusetts, New Jersey,
New York, Tennessee, Texas, and Wisconsin, asserted that the denial of
financial services produces "an increased risk to public safety with
potential theft or robbery that any cash-only or cash-reliant business
faces," and is "an affront to fundamental fairness."
Some federal prosecutions of medical marijuana cases have included the
charge of "money laundering," which according to the government simply
means depositing proceeds from a dispensary into a bank account.
However, multiple states now expect medical marijuana dispensaries (and
by extension, patients) to pay sales tax. "While financial institutions
may have valid concerns," said ASA Government Affairs Director Caren
Woodson. "The risk to banks is minimal, whereas their refusal to work
with state-compliant medical marijuana providers jeopardizes countless
people and delegitimizes lawful businesses."
ASA has received reports over the past two years that financial
institutions such as Bank of America, US Bank, Wells Fargo and Chase
have either refused to work with medical marijuana suppliers altogether
or more specifically refused to provide credit card transaction
services. Gary Kishner, a spokesperson for Chase, told Boulder Weekly
that Chase refuses to do business with dispensaries due to "financial
operational and compliance risk," but Kishner was unable to explain
what that meant. ASA estimates that this widespread financial
obstruction has directly impacted hundreds of dispensaries
in multiple states.
In October 2009, the Justice Department issued its own guidance on
enforcement of marijuana laws in medical marijuana states. However,
this shift in policy has appeared insufficient for quelling fears in
the banking industry. "Americans for Safe Access is working with
Congress to obtain a Treasury policy similar to that of the DOJ,"
continued Woodson. "We appreciate the leadership of Representative
Polis and others as we attempt to remove federal obstacles from the
implementation of safe access to medical marijuana at the local and
state levels."
Further Information:
Congressional letter to Treasury Secretary Geithner:
https://AmericansForSafeAccess.org/downloads/Congressional_Letter_to_Treasury.pdf
U.S.
Attorney General Eric Holder's recent statements before Congress:
https://www.youtube.com/watch?v=MMCHmU-nFAM
October 2009 DOJ directive: https://blogs.usdoj.gov/blog/archives/192
Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.
LATEST NEWS
'Highly Inspiring' Court Ruling Affirms Nations' Legal Duty to Combat Climate Emergency
"While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections," said one observer.
Jul 04, 2025
In a landmark advisory opinion published Thursday, the Inter-American Court of Human Rights—of which the United States, the world's second-biggest carbon polluter, is not a member—affirmed the right to a stable climate and underscored nations' duty to act to protect it and address the worsening planetary emergency.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change," a summary of the 234-page ruling states. "Any rollback of climate or environmental policies that affect human rights must be exceptional, duly justified based on objective criteria, and comply with standards of necessity and proportionality."
"The court also held that... states must take all necessary measures to reduce the risks arising, on the one hand, from the degradation of the global climate system and, on the other, from exposure and vulnerability to the effects of such degradation," the summary adds.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change."
The case was brought before the Costa-Rica based IACtHR by Chile and Colombia, both of which "face the daily challenge of dealing with the consequences of the climate emergency, including the proliferation of droughts, floods, landslides, and fires, among others."
"These phenomena highlight the need to respond urgently and based on the principles of equity, justice, cooperation, and sustainability, with a human rights-based approach," the court asserted.
IACtHR President Judge Nancy Hernández López said following the ruling that "states must not only refrain from causing significant environmental damage but have the positive obligation to take measures to guarantee the protection, restoration, and regeneration of ecosystems."
"Causing massive and irreversible environmental harm...alters the conditions for a healthy life on Earth to such an extent that it creates consequences of existential proportions," she added. "Therefore, it demands universal and effective legal responses."
The advisory opinion builds on two landmark decisions last year. In April 2024, the European Court of Human Rights ruled that the Swiss government violated senior citizens' human rights by refusing to abide by scientists' warnings to rapidly phase out fossil fuel production.
The following month, the International Tribunal for the Law of the Sea found in an advisory opinion that greenhouse gas emissions are marine pollution under the United Nations Convention on the Law of the Sea and that signatories to the accord "have the specific obligation to adopt laws and regulations to prevent, reduce, and control" them.
The IACtHR advisory opinion is expected to boost climate and human rights lawsuits throughout the Americas, and to impact talks ahead of November's United Nations Climate Change Conference, or COP30, in Belém, Brazil.
Climate defenders around the world hailed Thursday's advisory opinion, with United Nations High Commissioner for Human Rights Volker Türk calling it "a landmark step forward for the region—and beyond."
"As the impact of climate change becomes ever more visible across the world, the court is clear: People have a right to a stable climate and a healthy environment," Türk added. "States have a bedrock obligation under international law not to take steps that cause irreversible climate and environmental damage, and they have a duty to act urgently to take the necessary measures to protect the lives and rights of everyone—both those alive now and the interests of future generations."
Amnesty International head of strategic litigation Mandi Mudarikwa said, "Today, the Inter-American Court affirmed and clarified the obligations of states to respect, ensure, prevent, and cooperate in order to realize human rights in the context of the climate crisis."
"Crucially, the court recognized the autonomous right to a healthy climate for both individuals and communities, linked to the right to a healthy environment," Mudarikwa added. "The court also underscored the obligation of states to protect cross-border climate-displaced persons, including through the issuance of humanitarian visas and protection from deportation."
Delta Merner, lead scientist at the Science Hub for Climate Litigation at the Union of Concerned Scientists, said in a statement that "this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm."
"Though the United States is not a party to the treaty governing the Inter-American Court of Human Rights, this opinion should be a clarion call for transnational fossil fuel companies that have deceived the public for decades about the risks of their products," Merner added. "The era of accountability is here."
Markus Gehring, a fellow and director of studies in law at Hughes Hall at the University of Cambridge in England, called the advisory opinion "highly inspiring" and "seminal."
Drew Caputo, vice president of litigation for lands, wildlife, and oceans at Earthjustice, said that "the Inter-American Court's ruling makes clear that climate change is an overriding threat to human rights in the world."
"Governments must act to cut carbon emissions drastically," Caputo stressed. "While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections for all from the realities of climate harm."
Climate litigation is increasing globally in the wake of the 2015 Paris climate agreement. In the Americas, Indigenous peoples, children, and green groups are among those who have been seeking climate justice via litigation.
However, in the United States, instead of acknowledging the climate emergency, President Donald Trump has declared an "energy emergency" while pursuing a "drill, baby, drill" policy of fossil fuel extraction and expansion.
Keep ReadingShow Less
Trump Admin Quietly Approves Massive Crude Oil Expansion Project
"This thinly analyzed decision threatens the lifeblood of the American Southwest," said one environmental attorney.
Jul 04, 2025
The Trump administration has quietly fast-tracked a massive oil expansion project that environmentalists and Democratic lawmakers warned could have a destructive impact on local communities and the climate.
As reported recently by the Oil and Gas Journal, the plan "involves expanding the Wildcat Loadout Facility, a key transfer point for moving Uinta basin crude oil to rail lines that transport it to refineries along the Gulf Coast."
The goal of the plan is to transfer an additional 70,000 barrels of oil per day from the Wildcat Loadout Facility, which is located in Utah, down to the Gulf Coast refineries via a route that runs along the Colorado River. Controversially, the Trump administration is also plowing ahead with the project by invoking emergency powers to address energy shortages despite the fact that the United States for the last couple of years has been producing record levels of domestic oil.
Sen. Michael Bennet (D-Colo.) and Rep. Joe Neguse (D-Colo.) issued a joint statement condemning the Trump administration's push to approve the project while rushing through environmental impact reviews.
"The Bureau of Land Management's decision to fast-track the Wildcat Loadout expansion—a project that would transport an additional 70,000 barrels of crude oil on train tracks along the Colorado River—using emergency procedures is profoundly flawed," the Colorado Democrats said. "These procedures give the agency just 14 days to complete an environmental review—with no opportunity for public input or administrative appeal—despite the project's clear risks to Colorado. There is no credible energy emergency to justify bypassing public involvement and environmental safeguards. The United States is currently producing more oil and gas than any country in the world."
On Thursday, the Bureau of Land Management announced the completion of its accelerated environmental review of the project, drawing condemnation from climate advocates.
Wendy Park, a senior attorney at the Center for Biological Diversity, described the administration's rush to approve the project as "pure hubris," especially given its "refusal to hear community concerns about oil spill risks." She added that "this fast-tracked review breezed past vital protections for clean air, public safety and endangered species."
Landon Newell, staff attorney for the Southern Utah Wilderness Alliance, accused the Trump administration of manufacturing an energy emergency to justify plans that could have a dire impact on local habitats.
"This thinly analyzed decision threatens the lifeblood of the American Southwest by authorizing the transport of more than 1 billion gallons annually of additional oil on railcars traveling alongside the Colorado River," he said. "Any derailment and oil spill would have a devastating impact on the Colorado River and the communities and ecosystems that rely upon it."
Keep ReadingShow Less
'An Act of Retaliation': EPA Suspends 140+ Employees for Signing 'Declaration of Dissent'
The employees were put on leave after they signed a letter saying the Trump EPA's actions "endanger public health and erode scientific progress."
Jul 04, 2025
The Environmental Protection Agency (EPA) has put 144 employees on leave after they signed a letter criticizing the Trump administration's "harmful" policies.
EPA press secretary Brigit Hirsch accused the employees of "undermining, sabotaging, and undercutting the administration's agenda." But the union that represents these employees is calling it an act of illegal "retaliation."
The "declaration of dissent", published by Stand Up for Science Monday, had been signed by 620 people as of Thursday. Addressed to EPA Administrator Lee Zeldin, the letter accused the administration of "recklessly undermining" the agency's mission under his watch. It accused the administration of "ignoring scientific consensus to benefit polluters."
"This administration's actions directly contradict EPA's own scientific assessments on human health risks, most notably regarding asbestos, mercury, and greenhouse gases," the letter said.
Since Trump retook office, the administration has eviscerated policies meant to contain pollution, slashing funding for green energy production and electric vehicles while championing increased fossil fuel drilling and consumption. It has also rolled back the enforcement of limits on cancer-causing "forever chemicals" in water.
The signatories also pointed to the Trump EPA's "undermining of public trust" by using official channels to trumpet "misinformation and overtly partisan rhetoric."
They called out EPA press releases, which have referred to climate science as a "religion," EPA grants as "green slush funds," and "clean coal" as "beautiful." The letter also suggested the EPA had violated the Hatch Act by promoting political initiatives like Trump's tariffs and the Republican budget reconciliation bill.
"Make no mistake: your actions endanger public health and erode scientific progress—not only in America—but around the world," the letter said.
The employees also accused the administration of "promoting a culture of fear." They cited comments by top Trump officials, such as Office of Management and Budget Director Russell Vought, who has said he wanted to put EPA employees "in trauma" and make them unable "to go to work because they are increasingly viewed as the villains."
While some signatories signed their names, many others chose to remain anonymous for fear of retaliation. That retaliation came Thursday, when—according to The New York Times—144 employees received an email putting them on leave for the next two weeks "pending an administrative investigation."
The decision was widely criticized as a violation of the employees' First Amendment rights.
Tim Whitehouse, the executive director of Public Employees for Environmental Responsibility, which has previously represented EPA and other employees, said federal employees are allowed to publicly criticize the administration they work for.
"The letter of dissent did really nothing to undermine or sabotage the agenda of the administration," Whitehouse told The Washington Post. "We believe strongly that the EPA should protect the First Amendment rights of their employees."
Bill Wolfe, a former environmental policy professional with Public Employees for Environmental Responsibility, said that the letter "was a classic form of whistleblowing that is protected by federal whistleblower laws and the 1st Amendment, as upheld by federal courts."
Justin Chen, the union representative for EPA employees under the American Federation of Government Employees, told the Times that the agency's actions were "clearly an act of retaliation" and said the union would "protect our members to the full extent of the law."
Despite the punishment, one of the signatories anonymously told The Post that they had no regrets.
"I took the risk knowing what was up," the employee wrote. "I'll say it before, and now it rings even more true … if this is the EPA they want me to work for, then I don't want to work for the EPA."
Keep ReadingShow Less
Most Popular