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Marijuana businesses UNBANKED?

Posted on April 9, 2014 by admin

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The recreational marijuana businesses may not be unbanked like they say they are. There a dozen stores supplying their customers alternative ways to make payments as long as they have a bank account.

Recreational marijuana businesses are allowing their customers to pay by credit card or ATM. Customers say they were very surprised and pleased when they found out they did not have to use cash to pay for recreational cannabis. They enjoy the freedom of being able to walk up to the counter and pay just like you would in a non-marijuana store with your plastic. Some recreational marijuana businesses were set up to even except Visa and MasterCard. The businesses say this was to ensure that no illegal transactions were entered to their systems.

But Visa has put the onus on merchant banks to decide the definition of illegal. And Visa stands strong to the law and they do not want their network being used for unlawful purposes.  MasterCard and Visa backed away last year when there were federal raids in California and Colorado for suspected medical marijuana businesses, disallowing the cards for any purchases since September.

The Federal Government considers the sale of marijuana illegal but they will not challenge the state laws that have legalized and regulated marijuana sales. A statement from the Federal Government reads; “Given the federal government’s position and recognizing this is an evolving legal matter with different standards applicable in different states, our local merchant acquirers (banks) are best suited to make any determination about potential illegality.”

They have taken a very soft approach compared to the position they took on a year ago when Electronic Merchant Systems which is the key company that handles payment processing for the medical marijuana industry. Currently the payment processing of MasterCard and Visa has been suspended.
Bankers have said privately that if they had a little firm guidance from the federal regulators they would like to service the legal marijuana businesses but not until the government removes the onus.

The recreational marijuana stores continue to say they cannot get banking services, but dozens have teller and operating credit card machines in their stores which requires a bank account; but it does not have to be a business account.

The co-owner of Denver Kush Club says “he estimates 40 to 45 percent of his stores retail purchases since New Year’s Day were made with credit and debit cards and that several other stores say they are offering plastic as an alternative to cash but they will not give up the name of the bank  they are working with”. The marijuana businesses are showing to have banking relationships but they are not willing to share that information with the public.  They just want to be treated as any other business.

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Posted in Marijuana Merchant Account | Tagged high risk credit card processing, marijuana merchant account, marijuana payment processing, Medicinal Marijuana Merchant Services, Processing Marijuana Sales

Who has the “Fix” for Marijuana Payment Processing?

Posted on April 9, 2014 by admin

First Legal Marijuana Sales in Colorado

There are so many companies coming forth now saying they have the answers to all of the banking and processing dilemmas that marijuana dispensaries are facing.

The most current solution being offered is the Bitcoin / PotCoin a crypto-currency that will target the medical marijuana dispensaries and the recreational cannabis stores like those located in Colorado and Washington State.

On March 17th 2014 there was an announcement made that two companies Bitcoin ATM Franchise Corporation (“Company”) a wholly-owned subsidiary of First Bitcoin Capital Corp. and Bitcoin ATM manufacturer InterWallet, LLC teamed up to supply the medical marijuana dispensaries.  Then on March 3, 2014 Solpower Corporation   filed documents with the state of Nevada changing the name of the company to Bitcoin Collect, Inc. setting it up to be the “premier billing platform for the medical marijuana industry.”

Is this really the “Fix” the medical marijuana dispensaries need?

Well there are some very knowledgeable professionals who do not think the Bitcoin is the solution.

Michael Rupkalvis the president of the payment processing firm The Transaction Group said “I would rather bank out of a trash bag in my closet than use the Bitcoin or a Bitcoin ATM”.

Rupkalvis has been around the credit card industry for some time now and he has worked with hundreds of dispensaries. He cautions MMU businesses about using digital currency at this time like the Bitcoin, Potcoin or whatever else they can come up with.

Some think there are some benefits while others think there are drawbacks. The drawbacks make you question the “Fix”.

  • Digital currencies can fluctuate like crazy
  • Bitcoin prices are determined by supply and demand. They have fallen about 50% since November.
  • Digital currency is not recognized so they are a very big risk.
  • They are not insured by the U.S government so there is no protection for cannabis businesses or patients if the business goes under.
  • Digital currency is not something that consumers really use (so far only a few customers use the dispensaries)
  • Marijuana even in all of its forms is still illegal federally.
  • Digital currencies can be high jacked.

 

Digital currencies are very vulnerable to hackers and recently one of the largest Bitcoin exchanges had to file for bankruptcy protection. They had to stop trading virtual currency after they were attacked by hackers who found a glitch in their technology and around half a billion dollars just disappeared.

Currently, executives are questioning whether or not they want to work with the cannabis industry because the ATM operators would still have to rely on a traditional banking infrastructure. The cannabis industry is trying to come out of the shadows of the dark under world and deal openly with the legal system and the legal issues that surround the medical marijuana dispensaries, as well as the cannabis manufacturers.

Is it time for everyone to come to the table and brainstorm solutions on how to effectively use Digital Currencies?

For Marijuana Payment Processing contact us today!

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Posted in Marijuana Merchant Account | Tagged marijuana merchant account, Marijuana Merchant Processing, marijuana payment processing

The Issues the Marijuana Merchant Industry Faces

Posted on March 28, 2014 by admin

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Although medical marijuana has been legalized in 20 states along with the District of Columbia, the industry is far from reaching the finish line in clearing all of the obstacles in its path. In an effort to put their best foot forward, the delegation from the National Cannabis Industry Association arrived at Capitol Hill dressed in their very best, in hopes of proving to Washington that they are more worried about their businesses than social activism.

At this point, the industry has been placed in a very strange position. President Obama has given thumbs up for doing business with legal marijuana sellers; the intention here is to try to get the banks to open up to the marijuana industry. Despite this go ahead from the administration, banks are refusing to open their doors to the marijuana industry.

As a result, this has placed the industry in a position where it is legal in some states but still very much illegal on the federal level; this is why banks are leery of doing business. In, Marijuana Properties are having a Hard Time Finding Financing in Colorado, the issue banks have is revealed, “These rules require that banks continue to file reports on their interactions with marijuana businesses, and they must identify when transactions are questionable. Banks are leery that notes collateralized by property theoretically subject to federal drug-seizure laws are just too risky.”

Because of the risks involved, two of the largest banks in Colorado, Wells Fargo and FirstBank, have announced that they will not be offering services to the industry. So despite the green light from the administration, the marijuana industry has hit a brick wall in Colorado when it comes to finding financing. Since the industry’s access to banks is very limited thus far, much of the industry is forced to operate in cash.

In addition to having issues with financing, the industry has had to deal with issues in the tax code. When the delegation met with staff members on Capitol Hill, it was to appeal to changes to the tax code that prohibits the businesses from taking standard deductions for expenses. According to an article by Holly Yeager of The Washington Post, “Section 280E of the tax code, which prohibits companies involved in drug trafficking from deducting normal business expenses that other legal businesses can claim.”

While legal battles continue in some states and questions still arise at every corner, the industry is seeing some big-name investors trying to get their foot in the door – New York State assembly member, Steve Katz being one of them. In another blog post by Marijuana Merchant Account, Mainstream Investors Begin to see the Value of Legalized Marijuana, states that “The legalization of marijuana is a hot topic across the United States, and to see a state assembly member put his trust, and funds, into the ring is a big step forward.”

At this point, there are other states that are pushing for legalization. However, there are still many issues for the marijuana industry to overcome at both the state and federal level. For those involved, it must feel a little bit like one step forward, two steps back.  For now, it is a game of wait-and-see where the industry goes from here.

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Posted in Marijuana Merchant Account | Tagged Legalized Marijuana, Marijuana and Banks, Marijuana Dispensary, marijuana laws

Cannabis Production May Limit Inventories, Create Dispensary Shortages

Posted on March 19, 2014 by admin

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Recreational marijuana dispensaries and growers in Washington State have concerns about the state’s cap on cannabis production. Washington State currently has allotted a 2 million square foot canopy cap for recreational cannabis. Yet, the recreational marijuana industry could face a demand that far exceeds the supply and production capability.

Colorado’s Precedent

January 2013 marked the first month of legal recreational marijuana in the state of Colorado. Dispensaries in Colorado struggled in the opening month of the new industry with many complications. Recreational marijuana businesses contended with long lines, inventory shortages, and price hikes.

Many dispensaries in Washington State believe that recreational marijuana revenue could exceed medical marijuana revenue by up to 300%. Business owners point to Colorado as an example. The RAND corporation estimated Washington State’s cannabis consumption at 175 metric tons in 2013. The cannabis consumption cap would place Washington’s marijuana production rate at roughly 1/4th the consumption rate. Tax-paying businesses may lose the opportunity to acquire transactions that exist on the black market.

Growers Uncertain

Washington State’s recreational marijuana growers remain uncertain about the cannabis cap. Growers can apply for  up to three licenses at three different tiers. The most ambitious grower applying for three of the largest available licenses could avail of 90,000 square feet to grow cannabis. Yet the 2 million square foot cap would only allow for 22 growers of that caliber. With more than 2,600 grower’s license applications, growers are stuck in limbo about the reality of their business plans.

Conservative Lawmakers’ Cannabis Concerns

The number of applicants combined with a cap that restricts production far below estimated consumption create dire implications for the new industry. Lawmakers intended to ensure Washington State is not left with a surplus of Cannabis that cannot move over state lines.

Yet the lawmakers may be forfeiting the opportunity to bring marijuana transactions off the black market and into tax-paying dispensaries. If the supply and production is not capable of creating adequate inventories for dispensaries, the entire industry will be hamstrung before it can begin walking.

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Posted in Uncategorized | Tagged Cannabis Production, Colorado Marijuana, Dispensary Shortages, marijuana credit card terminal, Marijuana Dispensary, marijuana merchant accounts, Medicinal Marijuana Merchant Account

Oregon Senate Judiciary Committee Hears Arguments for Local Marijuana Regulation

Posted on March 19, 2014 by admin

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Legal battles continue in the state of Oregon over control over medical marijuana regulation. The Oregon state Senate Judiciary Committee held a public hearing in February about a proposal for medical marijuana regulation. The proposal sought to give local authorities the ability to regulate the new marijuana industry.

Senate Judiciary Committee Proposal

The Association of Oregon Counties and League of Oregon Cities supported the proposal. The changes would include the limitation of products that may be attractive to kids as well as forbidding a dispensary being within 1,000 feet of a school. The proposal intends to give local governments the ability to regulate the marijuana industry. Oregon’s current legislation has little regulation for the industry.

Other supporters of the proposal include the Associations of Chiefs of Police, the Oregon Farm Bureau, Associated Oregon Industries, Oregon Forests Industries Council, the Oregon District Attorneys Association, and the Oregon Association of Realtor.

Oregon began registering medical marijuana facilities March 1st, 2013.

Local vs. State Regulation

The underlying struggle for regulation is between local government entities and the state government. Local organizations hesitate to trust the brand new marijuana industry to regulate itself. The new industry features little standards for appropriate business practices. The lack of regulation from the state level creates unease for those who didn’t support marijuana legalization. Misgivings are still high about this new industry.

Proponents for state regulation argue that local governments shouldn’t restrict patients from accessing their medication. State-wide regulation would mean Oregon residents would have uniform access to medical marijuana regardless of where they live.

Impact on Dispensaries

The regulation of marijuana laws can have a profound impact on marijuana dispensary businesses. If a business is registering as a marijuana dispensary local regulation could break the business. A business could have to navigate a city’s regulation, the county’s regulation, state guidelines, and federal guidelines.

The layered system of regulation could cost a marijuana dispensary time, resources, and money–all commodities a small business can rarely afford. As Oregon and other states begin moving towards legalized marijuana dispensaries, medical or otherwise, dispensary owners will need to keep a keen eye on regulation legal battles.

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Posted in Marijuana Merchant Account | Tagged dispensary credit card terminal, dispensary merchant account, marijuana credit card terminal, marijuana merchant account, marijuana merchant accounts, Marijuana merchant services, marijuana payment processing

Mainstream Investors Begin to see the Value of Legalized Marijuana

Posted on March 17, 2014 by admin

Marijuana-Money

The legalized marijuana business may not be so taboo after all. Many investors – big-name investors – are flocking to the industry willing to lend a hand, as well as some financial resources. In the past few months, investors such as Angel/ArcView Group, has seen a phenomenal increase in membership. However, will this be a quick rise and downfall, as are most fads, or are these investors here to stay?

Thanks to the recent influx in membership, ArcView has found some big-named donors. ArcView members now include Tom Bollich, the co-founder of online social gaming giant Zynga; New York State assembly member Steve Katz; and Douglas Leighton, the founder of Dutchess Capital, a New York-based investment firm that manages $125 million in assets and has invested more than $200 million in companies across the globe. While some of these names are not much of a surprise (Tom Bollich, for example), others such as Steve Katz are. The legalization of marijuana is a hot topic across the United States, and to see a state assembly member put his trust, and funds, into the ring is a big step forward.

However, most fads see growth in their first weeks, months, or even years of its introduction. The downside is that most of the goods and ideas are in fact fads, and they will eventually go away as consumer interest fades. Marijuana may be different, as it has been around for centuries (the first documented mention of cannabis was is 3000B.C.). While excessive taxation may hinder many from purchasing, the legalized aspect will help bring in consumers who would have never dreamed of purchasing illegal marijuana. Basically, every human over the age of 21, who have a current identification card, are potential customers, and these savvy investors know it.

While the legalization of marijuana in Colorado is controversial, that has not stopped deep-pocketed investors from wanting in on the goods. With controversy comes media, and with media comes more sales. However, with legalized marijuana media attention may not be necessary for enhanced sales, as it is known worldwide for its properties, both good and bad. Only time will tell if these investors will stay put long-term, or if they will move on to another fad when the sales of legalized marijuana stabilize.

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Posted in Marijuana Merchant Account | Tagged Legalized Marijuana, Marijuana Dispensary Merchant Account, marijuana merchant account

Marijuana Properties are having a Hard Time Finding Financing in Colorado

Posted on March 17, 2014 by admin

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Two of Colorado’s largest banks, Wells Fargo and FirstBank, have announced that they will not offer any new loans to those whose properties are hosting marijuana dispensary businesses. Wells Fargo and Vectra Bank have already told commercial loan clients they will have to either evict the marijuana business or refinance their loan elsewhere. This is not only harmful to the new legalized marijuana businesses, but also to the property owners who may lose paying tenants.

This comes just days after federal banking regulators announced what some said was a green light for doing business with the marijuana industry. These rules require that banks continue to file reports on their interactions with marijuana businesses, and they must identify when transactions are questionable. Banks are leery that notes collateralized by property theoretically subject to federal drug-seizure laws are just too risky. Vectra made that very demand on a commercial loan that had come due, the client will have to find his own refinance bank that will deal with a property owner who hosts marijuana dispensaries.

While this may seem like discrimination against those who own and host legalized marijuana dispensaries, take into account that the federal government still considers marijuana illegal. While practically anyone over the age of 21 can go to Colorado, show there is, and purchase the newly legalized drug, it can only be used in Colorado. It cannot be taken aboard an airplane, nor can the buyer cross state lines with it. It is understandable that banks have to answer to the FDIC, or Federal Deposit Insurance Corporation, and perhaps could worry about penalties that could occur if they garner to these businesses. Regardless of one’s stance on the legalization of marijuana, it is legal in Colorado, and these business owners and their property owners seem to be pushed aside by bankers out of fear.

While the legalization of recreational marijuana has great financial benefits for the state of Colorado, it seems to be having a negative effect on those who are trying to take out property loans, or refinance property loans. While it seems unfair that these businesses and property owners are being singled out, it must be remembered that all reputable banks must answer to the federal government, and the FDIC. Because of this, and because of marijuana’s illegal stance in the federal criminal system, it seems clear that these stances will not change, at least in the near furture.

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Posted in Uncategorized | Tagged Marijuana Dispensary, Marijuana Dispensary Merchant Account, marijuana merchant account, medical marijuana payment processing account, Medicinal Marijuana Merchant Account

After Colorado’s Legalization of Marijuana there are still more banking questions than answers

Posted on March 17, 2014 by admin

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The new banking guidance issued by the federal government has left the cannabis industry with more questions than answers, thanks to federal laws that still state that marijuana is still illegal. Many in the industry hoped the memos, would open the floodgates for cannabis businesses to begin accessing traditional banking services.

However, there are some indications that the guidance might not have real implications. Many mainstream financial institutions and banking organizations said they would need to see concrete changes to marijuana’s federal classification under the Controlled Substances Act before they will work with the newly state-legalized industry. In addition, there are some in the industry who believe the guidance will help loosen the banking situation, while others are worried about a possible rise in fraudulent banking schemes.

In the days following the joint memos, major U.S. banks and banking institutions have upheld their refusal to work with the industry. Wells Fargo said the bank is reviewing the government’s new guidelines but would continue to ban cannabis businesses because, based on federal law, the sale of marijuana is still illegal. The American Banking Association stated similarly that cannabis businesses can still face federal prosecution and assorted sanctions.

Regardless, cannabis entrepreneurs should be extremely cautious of frauds and false banking opportunities during the coming weeks and months, as it is sure to run rapid.  These companies probably will send the money to an offshore account, or into an aggregate account under the businesses’ name. Both banking practices are illegal, and should be reported to authorities if you are contacted by one. The best thing to do is to try to deal with a local, trusted, reputable bank when looking for loans and accounts.

While the monetary value of the legalization of marijuana is fantastic for Colorado, however federal banking laws may hinder business success. Business owners should be careful dealing with any type of financial institution, regardless of their business, but especially with business that are as risky as the legal marijuana business. When in doubt, stay with familiar banking names, and always make sure you are speaking to a banking manager when doing business.

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Posted in Uncategorized | Tagged Marijuana cures cancer, marijuana merchant accounts, marijuana payment processing, Medical Marijuana Merchant Account

Cannabis Industry Creates a Buzz in New Markets

Posted on March 17, 2014 by admin

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The legalization of marijuana has been very profitable for Colorado, and it has sparked a new market for products and services that cater to this developing industry. Being one of the fastest-growing and most lucrative industries, the cannabis market is currently valued at approximately $1.4 billion and is anticipated to grow by 64% in 2014, according to market research by The ArcView Group. This is phenomenal, since pretty much every living human over the age of 21 is a potential customer. This has prompte

These figures trump the estimated revenue from the Colorado Senate. At the end of 2013, the Colorado Senate released a statement that estimated that the state’s marijuana industry could reach $1 billion in sales in the 2014, with recreational sales making up about $610 million of that business. For marijuana advocates, taxes were one of the major selling points of legalization. They have said that expanding the market for the federally prohibited plant could give states money for school construction, health care, substance-abuse programs and public health. Colorado’s legalization measure said $40 million in tax revenue would go toward school construction, and in November, voters across this otherwise tax-averse state overwhelmingly approved 25 percent taxes on recreational marijuana.

While new markets are abuzz with these figures, the taxes alone might be enough to halt them. Currently, marijuana sold legally in Colorado is subject to the state’s 2.9% sales tax, an additional 10% state tax on retail marijuana sales and a 15% excise tax on average market rate of wholesale marijuana. However, that currently is not stopping vendors and newbie business owners from jumping on the marijuana bandwagon. For instance, one of first recreational cannabis marketing agencies in Colorado, Cannabrand, is meeting the needs of this high-demand market. Located in downtown Denver, the founders of Cannabrand are turning their passion about the legalization of marijuana into a business dedicated to helping marijuana shops and companies brand themselves.

The newly legalized marijuana industry is creating a major buzz in Colorado. Besides fueling the needs of citizens looking for a legal high, the revenue and taxes are a great help to the state. That being said, only time will tell if the excessive taxes will be the ultimate downfall for legalized marijuana, or if start-ups and companies such as Cannabrand will outlast the eventual consumer freefall that all businesses take.

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Posted in Marijuana Merchant Account | Tagged Colorado’s recreational marijuana market, Marijuana Advertising, Marijuana Dispensary, Marijuana Dispensary Merchant Account, Marijuana Processing

Senate Committee to Hold Hearing on Bill Allowing Medical Marijuana in Oregon

Posted on February 13, 2014 by admin

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It has recently been announced that the state Senate Judiciary Committee will be holding a public hearing on the proposal to allow local governments to regulate medical marijuana dispensaries. The Association of Oregon Counties and the League of Oregon Cities are keen to push for the legislation, but have proposed a couple of amendments to the bill. These include the prohibiting of dispensaries within 1,000 feet of a pre-school, and also adds some regulation on the sale of marijuana-infused products that might come across as being “attractive to kids”. Either way, the fact that local governments are close to being able to allow the dispensaries is sure to be very good news for anyone in Oregon with a medical marijuana merchant account.

However, the Senate Bill 1531 will allow cities and counties to regulate or restrict the operation of medical marijuana facilities, prohibit the registration of facilities and/or regulating the storage of marijuana. These changes will be effective on March 1st, which is two days before the state will begin to register the medical marijuana facilities. Rob Bovett, the legal counsel for the association, says, “The proposal is about local control of a virtually unregulated new marijuana business.” He also stated that the Oregon medical marijuana dispensary program will be the most unregulated program in the nation.

Basically, the bill is clarifying local government authority to regulate marijuana dispensaries by using police powers and existing land use. It will protect local governments from expensive lawsuits. The proposal allowing local regulation is supported by many, including the Association of Chiefs of Police and the Associated Oregon Industries.

In conclusion, local control has been an ever-changing issue since lawmakers in Oregon passed a law last year that created a registry of medical marijuana dispensaries – a thriving but very unchecked industry in the state itself. Cities like Medford have taken steps to restrict or prohibit dispensaries, but Peter Buckley, a sponsor of the original dispensary bill, said that medical marijuana patients should have access to the drug no matter where in the state they live, and that “cities like Medford will get over it in time.” Only time will tell.

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Posted in Marijuana Merchant Account | Tagged Oregon Marijuana Dispensary, Oregon Medical Marijuana

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