Safe Harbor Financial Submits Comments to the Justice Department Regarding Cannabis Rescheduling

Safe Harbor Financial Services, Inc.
Safe Harbor Financial Services, Inc.

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GOLDEN, Colo., July 16, 2024 (GLOBE NEWSWIRE) -- SHF Holdings, Inc., d/b/a/ Safe Harbor Financial (“Safe Harbor” or the “Company”) (NASDAQ: SHFS), a leader in facilitating banking, payments and financial services to the regulated cannabis industry, announced that it has submitted comments to the Justice Department, following its recent proposed rule to reclassify cannabis from Schedule I to Schedule III of the Controlled Substances Act (“CSA”), consistent with the view of the Department of Health and Human Services (“HHS”) that cannabis has a currently accepted medical use as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence.

For the past 54 years, cannabis has been categorized as a Schedule I controlled substance under the Controlled Substances Act. Schedule I drugs, substances or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.

The publication of this proposed rule initiates a public comment period that will remain open until July 22, 2024. Comments can be submitted electronically via the Federal eRulemaking Portal using the reference: ‘Docket No. DEA-1362.’

Safe Harbor Financial Chief Legal Officer Donnie Emmi:
Safe Harbor Financial welcomes the proposed rule to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act. This reclassification represents significant progress in aligning federal policy with the growing recognition of the medical benefits of cannabis. However, it is important to clarify what this potential change does and does not mean for our industry.

First and foremost, the reclassification does not make marijuana legal, as it remains an illegal substance under federal law. From a banking perspective, the compliance requirements under the Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) regulations remain unchanged. Banks must continue to adhere to these stringent regulations to avoid significant fines and penalties.

The reclassification to Schedule III is expected to have several positive impacts on the cannabis industry. Most notably, it will alleviate some of the severe tax burdens imposed by Section 280E of the Internal Revenue Code. Currently, cannabis businesses cannot deduct many of their operating expenses, leading to inflated tax liabilities. The change to Schedule III will allow these businesses to deduct expenses more akin to standard business operations, potentially adding significant amounts to their balance sheets. For example, some large operators could see more than $100 million added to their balance sheets, enabling them to reinvest in and expand their operations and create jobs.