Law enforcement officials in Colorado last week announced the arrest of 23 individuals for their alleged involvement in more than 40 cannabis dispensary burglaries in the Denver metropolitan area.

Denver District Attorney Beth McCann said in a statement on Friday that the 23 defendants are members of two separate organized crime groups. The arrests came following a lengthy investigation by several law enforcement agencies including the Denver District Attorney’s Office, Denver Police Department, Aurora Police Department, the FBI, ATF, the Regional Anti-Violence Enforcement Network (R.A.V.E.N.) and the Violent Criminal Enterprise Task Force (V.C.E.T.F.).

“These arrests send an unmistakable message that law enforcement agencies throughout the Denver metro area are committed to working together to disrupt and disband dangerous criminal organizations,” said McCann. “The streets of Denver are safer today because of these two investigations and I am grateful to the many law enforcement officers who have worked so hard on these cases to get us to this point.” 

The defendants are accused of stealing or carjacking vehicles and using them to burglarize marijuana dispensaries, federal firearms licensees and other businesses in the Denver metropolitan area between September 2022 and November 2023, according to the district attorney’s office.

“Criminal networks don’t pay attention to geographic or jurisdictional boundaries. The FBI warrants were executed by our local partners at Denver Police, Aurora Police and Thornton Police, with support by our federal partners at Homeland Security Investigations and our state partners at the Marijuana Enforcement Division,” said FBI Denver Special Agent in Charge Mark Michalek. “The FBI will continue to use all available tools and resources to suppress violent crime and keep Coloradans safe.”

40 Pot Shops Burglarized

The district attorney’s office added that the 23 defendants allegedly burglarized more than 40 cannabis dispensaries resulting in the theft of approximately $780,000 in cash and merchandise. In addition to motor vehicle theft and burglary, the defendants will face numerous other felony charges, including aggravated robbery, carjacking, kidnapping, illegal possession of firearms, and violations of the Colorado Organized Crime Control Act (COCCA). Officials also noted that one of the firearms involved in the case has been linked to an open murder investigation.

“The Denver Police Department has committed significant resources to V.C.E.T.F., an investigative taskforce consisting of both FBI and Denver investigators responsible for dismantling criminal groups driving violence in the Denver metro area,” said Denver Police Chief Ron Thomas. “The taskforce’s investigation is an incredible example of the unwavering commitment to the safety of our community by identifying individuals responsible for violent crime, to include multiple aggravated robberies, kidnapping, carjackings, and burglaries of dispensaries and small businesses, and they will continue working to hold accountable those causing significant harm in our community.”

Cannabis Banking Bill Still Pending in Congress

Cannabis dispensaries are notoriously popular targets for burglaries because of the valuable and easily liquidated merchandise they sell. Additionally, federal banking regulations mean that many dispensaries operate their businesses almost exclusively in cash. As a result, the shops often have large amounts of cash on hand, making them an even more tempting target for sometimes violent criminals.

A bill that would ease banking regulations to allow financial institutions to serve businesses in the cannabis industry has been introduced by federal lawmakers numerous times over the past 10 years. Originally known as the Secure and Fair Enforcement (SAFE) Banking Act, the legislation was passed by the House of Representatives several times as either a standalone bill or attached to other legislation. But the measure never saw a vote in the U.S. Senate.

In September, a group of bipartisan senators introduced an updated version of the bill, known as the Secure and Fair Enforcement Regulation (SAFER) Banking Act. After the newly revised legislation was introduced, the bill’s sponsors and co-sponsors Senate Majority Leader Chuck Schumer of New York, Arizona independent Sen. Kyrsten Sinema and Wyoming Republican Sen. Cynthia Lummis released a statement supporting the legislation.

“This legislation will help make our communities and small businesses safer by giving legal cannabis businesses access to traditional financial institutions, including bank accounts and small business loans,” the senators wrote in a joint statement. “It also prevents federal bank regulators from ordering a bank or credit union to close an account based on reputational risk.”

The new SAFER Banking Act is the result of months of negotiation between senators over several provisions of the original SAFE Banking Act. Under the measure, federal regulators would be required to “develop uniform guidance and examination procedures – including legacy cannabis-related deposits” and “update guidance related to hemp-related businesses and service providers.” Regulators would be prohibited from ordering banks to close an account “unless there is a valid reason.” The legislation also includes language to protect employees of state-legal cannabis businesses attempting to obtain residential mortgages funded by federal programs.

The SAFER Banking Act was approved by the Senate Banking Committee by a bipartisan vote of 14-9. The legislation now awaits a vote by the full Senate.

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Senate Majority Leader Chuck Schumer told Yahoo News! in a recent interview that believes the end to the federal cannabis prohibition is on the horizon, with legislation to provide cannabis industry access to banking services in the works.

He’s talking about the Secure and Fair Enforcement Regulation Banking Act  (SAFER Banking Act) which was passed in late September by a bipartisan majority in the Senate Banking Committee. The bill would allow financial institutions to give out additional small business loans while also providing legal protection for banks that work with cannabis retailers, like any other industry.

“Its time has come,” Schumer told Yahoo News! in a video interview. Thanks to the legalization of adult-use cannabis in Ohio, tipping the scales in terms of U.S. populations that now live in legal states, the pressure is on.

It’s important to note that the U.S. House of Representatives has approved earlier versions of the SAFER Banking Act—seven times—but the bill failed to gain 60 votes in order to advance to a Senate vote.

“Fifteen years ago, before marijuana was legalized anywhere, people said, ‘Oh, there’ll be a lot more crime’, ‘People will become much more addicted’. Guess what? None of that happened,” Schumer said, noting the lasting harm of the War on Drugs, which failed to extinguish drug abuse but instead led to the harsh criminalization of Black and brown communities. It’s bad enough that the American Civil Liberties Union (ACLU) called the War on Drugs “the New Jim Crow.” 

A 2020 analysis by the ACLU found that 43% of drug arrests in 2018 were for charges of possession and sale of cannabis, and even though data shows that white and Black Americans use cannabis at equal rates, Black Americans are nearly four times more likely than white Americans to be arrested.

“The bill tries to rectify some of these injustices,” Schumer said.

We’ve heard these comparisons before. Schumer said similar things in 2021, as the Biden administration was first gearing up. Two years ago, he said the sky didn’t fall when pot became legal for adult use in a handful of states.

“In 2018, I was the first member of the Democratic leadership to come out in support of ending the federal prohibition. I’m sure you ask, “Well what changed?” Well, my thinking evolved. When a few of the early states—Oregon and Colorado—wanted to legalize, all the opponents talked about the parade of horribles: Crime would go up. Drug use would go up. Everything bad would happen,” Schumer told Politico. “The legalization of states worked out remarkably well. They were a great success. The parade of horribles never came about, and people got more freedom. And people in those states seem very happy.”

Why the SAFER Banking Act Needs to Be Adopted into Law

The cash-only cannabis industry is open season for burglars and criminals who know that dispensaries are loaded with cash, not having capabilities to run purchases on debit or credit cards.

“Forcing legal businesses to operate in all cash is dangerous for our communities,” Sen. Jeff Merkley, lead sponsor of the bill, said in a statement. “The only people benefiting from the current system are criminals.”

Some are doubtful the outcome will be any different this time around, after the Senate was done making revisions to the bill.

“The Senate’s rewrite … throws out carefully crafted bipartisan work and crams in gross overreach to potentially crush industries not in line with the president’s agenda,” Republican Rep. Blaine Luetkemeyer told Politico in September. “As it’s currently written, it is dead on arrival in the House.”

The SAFER Banking Act advanced in the Senate Banking Committee last September, clearing a big hurdle in the path to legal cannabis businesses potentially moving away from the dangerous cash-only system they currently operate on.

“Cannabis banking is just one part of the necessary conversation about marijuana policy. There is still much work to be done to acknowledge and mend the damage done by the war on drugs, work to make sure everyone—including our veterans—has access to the medicine they need and allow medical and scientific research on cannabis,” said Senate Banking Committee Chairman Sen. Sherrod Brown, in a press release.

SAFER Banking would provide much-needed legal protections for financial institutions to serve businesses in the currently cash-dependent cannabis trade.

If passed, the SAFER Banking Act could provide a much needed lifeline for an industry forced to do business in cash which puts thousands of budtenders, delivery drivers, growers and other ancillary cannabis sector employees at risk of violent crime. It would also provide capital for businesses currently forced to operate using their own money or capital secured through private sources.

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The GOP’s nominee to replace Rep. Kevin McCarthy (R-California) as Speaker of the House—one of the most powerful positions in the U.S. government—has opposed nearly every cannabis bill he’s encountered during the past 15 years in office.

Scalise dropped out of the House speaker race Thursday evening.

In a closed-door meeting to replace McCarthy as speaker Wednesday, Rep. Steve Scalise (R-Louisiana) was selected as the clear nominee. Judiciary Committee Chair Jim Jordan (R-Ohio), the next contender, lost the nomination in a vote 113 to 99. On Thursday however, Scalise appeared to be short on votes to become the next Speaker.

McCarthy was successfully dethroned as Speaker of the House Oct. 2, in a rare ouster led by Rep. Matt Gaetz (R-Florida). The Associated Press reports that the speaker ouster was a “first in U.S. history” and done with the efforts of a hard-right faction that splintered. 

Given that Congress faces a Nov. 17 spending bill deadline in order to prevent a government shutdown, the sense of urgency to select a new speaker is rising.

“First, I want to thank my House Republican colleagues for just designating me as the speaker, Scalise said upon hearing the news of his nomination. “Obviously, we still have work to do. We’re going to have to go upstairs on the House floor and resolve this and then get the House opened again. We have a lot of work to do, not just in the House for the people of this country, but we see how dangerous of a world it is and how things can change so quickly.”

The future of cannabis legislation at the federal level hinges on cooperation from House leadership.

Who Is Rep. Steve Scalise in Regards to Cannabis?

Cannabis reports are flagging Scalise as a potential roadblock for federal cannabis bills, if elected Speaker. NORML gave him an “F” grade, noting that he opposed nearly every cannabis bill he’s ever voted on—the sole exception being The Medical Marijuana Research Act or H.R. 5657 in 2022. One time in 2016, he voted against the Veterans Equal Access Amendment, and voted against two versions of the SAFE Banking Act a few years later.

While not perfect, at least with McCarthy, he voted twice in favor of federal cannabis banking legislation. 

The Dales Report agreed and called Scalise a “cannabis adversary,” and pointed out that the next Speaker could impact the Secure and Fair Enforcement Regulation (SAFER) Banking Act. The good news is that if Scalise is elected speaker, and blocks the SAFER Banking Act, the bill can still become law.

When asked the question, “Do you support the legalization of marijuana at the federal level?” his spokesperson replied. “Congressman Scalise is a staunch conservative who likes to know what his constituents are thinking on issues,” Scalise spokesman T.J. Tatum wrote in an email to CQ Roll Call. “Scalise is opposed to the legalization of marijuana because, as noted by law enforcement officials, it is a gateway to more dangerous drugs, but he always appreciates learning the views of the people throughout his district.”

“Let me get this straight: Nancy Pelosi is blocking a bill to deliver unused Paycheck Protection Program funds to workers and small businesses,” Scalise tweeted on Nov. 20, 2020. “But she managed to find time for a vote on pot legislation this week.”

“What are Pelosi’s Democrats doing this week?” Scalise tweeted on March 31, 2022. “Nothing on inflation. Nothing on the border. Nothing on gas prices. Nothing on the supply chain. Nothing on crime. A marijuana bill. What a joke.”

Why The New Speaker Selection Matters

The Speaker acts as the de facto leader of the U.S. House of Representatives, and is a major component of America’s system of checks and balances designed to keep any one body from gaining too much power.

In a 135-88 vote, Republicans rejected a proposed rule change introduced by Rep. Chip Roy (R-Texas) that would have required a GOP speaker contender to have 217 or more votes before advancing to the House floor.

Rep. Max Miller (R-Ohio) said in a tweet that unless Jordan drops out, he will still vote for him on the House floor—even if Scalise wins the nomination. Rep. Gaetz told reporters he would support Scalise on the floor, calling him an “upgrade” from McCarthy.

One-fourth of Republicans said in a poll that they approve of the decision to remove McCarthy as Speaker, and three in 10 Republicans said they believe it was a mistake, according to a poll from The Associated Press-NORC Center for Public Affairs Research.

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The House Rules Committee recently cleared two cannabis and psychedelic-related amendments on Sept. 23 to be discussed on the floor. Days later on Sept. 27, the House approved the two amendments—Amendment No. 48 and Amendment No. 137—to be included in H.R. 4365, or the Department of Defense Appropriations Act, 2024.

Amendment No. 48, supported by Texas Reps. Dan Crenshaw and Morgan Luttrell, would provide $15 million Department of Defense funding for psychedelic medical clinical trials. Through a voice vote, it passed with 240 in favor and 191 opposed.

The second amendment, Amendment No. 137, was sponsored by only Crenshaw and would ask the Defense Health Agency (DHA) to submit a congressional report on how to provide options for active-duty service members who suffer from Traumatic Brain Injury (TBI) and PTSD. It would also allow them to participate in clinical trials through the Department of Veteran Affairs to study psychedelics.

Luttrell spoke ahead of the vote on Amendment No. 48, explaining how he “personally attest[s] to the benefits in treating post-traumatic stress, traumatic brain injury and chronic traumatic encephalopathy through the use of psychedelic substances.”

Luttrell served as a SEAL for 14 years, and endured through a nearly fatal helicopter crash that left him with a broken back and a TBI. In June, Luttrell spoke openly about using ibogaine and 5-MeO-DMT as treatment for his injuries at a press event at the capitol with the introduction of a federal grant bill for psychedelic research. “If you find yourself in a place that you were lost, and no other modalities have worked, this could possibly be that tool,” Luttrell said. “And I can honestly stand in front of all of you and the American public and say I was reborn. This changed my life. It saved my marriage. It is one of the greatest things that ever happened to me.”

At the most recent hearing, Luttrell explained why the amendment should be passed. “There’s a stigma that exists within the [House] that I believe stems from a lack of education experience around the clinical use of plant-based, or psychedelic, medications,” Luttrell said. “I understand that when many of my colleagues hear the word ‘psychedelics,’ they think of mushrooms and so on. This isn’t what we are talking about today.”

“Unfortunately, the stigma has led to the slow or no adoption of medical procedures that may have saved countless lives, and our service members, veterans and first responders,” Luttrell continued. “It is our duty to explore all options when the lives of our nation’s most precious resources our sons, our daughters, our mothers, our fathers, brothers and sisters are at stake.”

Rep. Betty McCollum spoke to oppose Amendment No. 48, claiming that the DHA can’t realistically implement these measures because of current “clearances, legal hurdles, and logistics,” and “reluctantly” denied support. 

Crenshaw later spoke to congress for Amendment No. 137 in defense of psychedelic clinical trials, describing it as an important step forward. “…there’s no reason that we should not be looking into the benefits of this research for our men and women that are already currently serving our country actively,” Crenshaw explained. “This is not about legalization. This is not about recreational use. It’s about honoring our promise to our military families and confronting the high incidence of suicide in the military and veteran community.”

“We should be listening to the stories. They have come up on Capitol Hill multiple times,” Crenshaw added. “For the members who say, ‘Well, we need to learn more. We don’t know enough’—well then why would you get in the way of more research?” he asked. “We shouldn’t make them come up here and spill their guts anymore. We should listen to them and we should act on it.”

The SAFER Banking Act was passed in the Senate Banking Committee on the same day that these amendments were approved in the House. Seven previous iterations of the bill (formerly called the “SAFE” Banking Act”) have progressed to varying levels of congress before, the most recent of which was in December 2022 was it was left out of the Defense Spending Bill.

Many legislators support passing the SAFER Banking Act to protect both financial institutions and cannabis businesses. A joint statement from senators Jeff Merkley, Steve Daines, Kyrsten Sinema, Cynthia Lummis, and Majority Leader Chuck Schumer collectively spoke in favor of the bill and its necessity. “This legislation will help make our communities and small businesses safer by giving legal cannabis businesses access to traditional financial institutions, including bank accounts and small business loans,” the joint statement said. “It also prevents federal bank regulators from ordering a bank or credit union to close an account based on reputational risk.”

On Sept. 28, Schumer spoke about the next steps for the SAFER Banking Act. “The next step is to bring SAFER Banking to the floor for a vote, which I will do soon,” he said. “I worked long and hard for years to get us to this point, and now the Senate is one step—one crucial step—closer to helping cannabis businesses operate more efficiently, more safely and more transparently in the states that allow cannabis to be sold.”

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Cannabis companies doing legal business in their state are one step closer to potentially opening accounts with federally-insured banks after the latest version of the SAFER Banking Act (formerly SAFE banking) cleared the Senate Banking Committee Wednesday 14-9.

The Secure and Fair Enforcement Regulation Banking Act will now move to the Senate Floor for where it faces several more hurdles and potential amendments before a full vote can be made. If passed by the Senate it moves to the Republican-controlled House of Representatives.

“Cannabis banking is just one part of the necessary conversation about marijuana policy. There is still much work to be done to acknowledge and mend the damage done by the war on drugs, work to make sure everyone – including our veterans – has access to the medicine they need and allow medical and scientific research on cannabis,” said Senate Banking Committee Chairman Sen. Sherrod Brown, D-Ohio in a press release.

SAFER Banking would provide much-needed legal protections for financial institutions to serve businesses in the currently cash-dependent cannabis trade. Cannabis is presently considered a Schedule 1 substance in the eyes of the federal government, which means any bank that wishes to be federally insured cannot do business with cannabis companies, regardless of the laws in that company’s home state. If the Senate passes the SAFER Banking Act, it will allow cannabis businesses to not only open bank accounts, but take out small business loans, accept debit cards as payment and provide easier pathways for their employees to get home loans etc. 

The latest language of the bill was submitted for consideration last week written and led by senators Jeff Merkley, D-Ore.; Steve Daines, R-Mont.; Kyrsten Sinema, I-Ariz.; and Cynthia Lummis, R-Wyo., as well as Majority Leader Chuck Schumer, D-N.Y.

“This legislation will help make our communities and small businesses safer by giving legal cannabis businesses access to traditional financial institutions, including bank accounts and small business loans,” the senators said in a joint statement. “It also prevents federal bank regulators from ordering a bank or credit union to close an account based on reputational risk.”

If passed, SAFER Banking may provide a much needed lifeline for an industry forced to do business in cash which puts thousands of budtenders, delivery drivers, growers and other ancillary cannabis sector employees at risk of violent crime. It would also provide much-needed capital for businesses currently forced to operate using their own money or capital secured through private sources.

Seven previous versions of the bill were passed by the House of Representatives but have thus far been unable to progress to a full Senate vote until Wednesday’s developments, though the bill still faces heavy opposition from Senate Republicans and from the GOP-controlled House if passed by the Senate. Opponents of the bill said, among the usual laundry list of concerns about cannabis, that the language of the bill only further serviced the wealthy and did nothing for criminal justice reform. 

“This bill will make life safer for bankers, for businesses and financial institutions, some of whom have been profiting from the cannabis industry illegally for years, which is ironic given many of the regular folks who illegally sold or used cannabis are sitting in jail cells right now,” said Senator Raphael Warnock, D – GA.

The advancement of the SAFER Banking Act marks the latest in a series of movements at the federal level concerning cannabis, including a recommendation by the Department of Health and Human Services that cannabis be rescheduled from Schedule 1 to Schedule 3. That decision has now been handed off to the DEA to weigh in on. A congressional report released last week said the DEA was “likely” to recommend the same, though an additional bill has also been introduced in the Senate, which if passed would require congressional approval before cannabis can be rescheduled. 

All this comes on the heels of a potential government shutdown sparked by a congressional standoff regarding a new spending bill that could further delay progress on all of these matters. Senator Schumer said he would work to bring the SAFER Banking Act to a floor vote as soon as possible where it requires 60 votes to move on to the House of Representatives.

“Regardless of how you feel about states’ efforts to legalize marijuana, this bipartisan bill is necessary – it will make it safer for legal cannabis businesses and service providers to operate in their communities and protect their workers,” said Sen. Brown. “Through bipartisan work we have been able to find language that addresses both Republicans’ and Democrats’ concerns.”

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