Everybody else is doing it. Why shouldn't I?

Yes, your dispensary is perfectly legal in your state. So why can’t you get an account to accept credit cards? Simple, the process of accepting a credit card requires the involvement of federally regulated entities and “rails” (or communication lines), which include:

• Card Brands (Visa, MC, etc.)
• Acquiring Banks - the bank, sometimes also the payment processor, that actually settles and funds the credit card transaction.
• Card Issuing Banks - the bank that issued the credit card to your customer, who authorizes the transaction and then funds the acquiring bank. This process essentially means that the card issuing bank is providing a micro loan for the purchase. Furthermore, they stand to benefit not only from transaction fees but from interest fees if the customer does not pay off the card in a timely manner.
• Interchange - the communication network created by the card brands and issuing banks through which all credit card transactions are routed, and which is overseen by the Fed.

Since each of these are federally regulated entities, they MUST obey the federal law and guidelines.  Yes, there are guidelines for state sponsored banks to provide compliant cannabis bank accounts.  However, to establish compliant cannabis credit card processing, ALL THE entities involved must have compliant programs in place, or the entire system breaks down. Of course, cannabis is still illegal at the federal level, therefore these entities cannot comply.

There are only two things that can change the current cannabis credit card payments conundrum: the passage of the SAFE Banking Act or the federal legalization of cannabis.

Until one or both of those things happen, accepting credit cards is simply not possible.

The Cole Memo was a set of priorities put forth by the Department of Justice to be followed when dealing with the cannabis industry. Jeff Sessions rescinded these priorities when he was in office. However, he and the rest of the DOJ continued to follow the guidance, as does the current administration.

Current FinCEN guidance is for depository services only and does not address merchant services/credit card processing. This FinCEN guidance clarifies how financial institutions can provide services to marijuana-related businesses consistent with their BSA obligations.

This guidance is for depository accounts of all accounts related to OR deriving funds from the cannabis industry. Yes, both plant touching businesses and ancillary service providers’ bank accounts must meet these expectations. Here is an excerpt from the FinCEN guidelines:  

The obligation to file a SAR is unaffected by any state law that legalizes marijuana-related activity. A financial institution is required to file a SAR if, consistent with FinCEN regulations, the financial institution knows, suspects, or has reason to suspect that a transaction conducted or attempted by, at, or through the financial institution: (i) involves funds derived from illegal activity or is an attempt to disguise funds derived from illegal activity; (ii) is designed to evade regulations promulgated under the BSA, or (iii) lacks a business or apparent lawful purpose.5 Because federal law prohibits the distribution and sale of marijuana, financial transactions involving a marijuana-related business would generally involve funds derived from illegal activity. Therefore, a financial institution is required to file a SAR on activity involving a marijuana-related business (including those duly licensed under state law), in accordance with this guidance and FinCEN’s suspicious activity reporting requirements and related thresholds.

These expectations and requirements are related to all banks. In general, the decision to open, close, or refuse any account or relationship should be made by each financial institution based on a number of factors specific to that institution. These factors may include its business objectives, evaluation of the risks associated with offering a particular product or service, and its capacity to manage those risks effectively. Thorough customer due diligence is a critical aspect of making this assessment.

As you can see, it is clear that federally overseen or insured traditional money rails are off limits to cannabis payments or funds. To further the evidence, let's take a look at a couple definitions.

Money Laundering - Money laundering is a complex subject with a simple definition. It is simply the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. The fact that cannabis is federally illegal, any funds derived from the sale of cannabis are considered illicit funds. Therefore, any bank that chooses to accept the cash derived from the sale of marijuana, is in fact knowingly laundering the money on behalf of the cannabis business.  

Bank Fraud - In general, bank fraud may involve any deliberate action aimed at defrauding a financial institution. It may involve an intentional action aimed at receiving assets, money, securities, credits, or property from a financial institution through the use of pretense or false information. 

For example, using a credit card to purchase a gift card, stable coin, or other crypto currency that is redeemed instantly or intended for the purchase of cannabis is considered fraudulent.  You are masking the true nature of the transaction.  All of these types of transactions require at least one acquiring bank and interchange to authorize and fund the transaction. Do some of those work-arounds sound familiar?

There is a simple way to discover how “above board” any payment solution is. Ask them if they will disclose the bank and payment processor. Then call the bank and the processor to ask if they support payments for the industry. Sometimes, even that is not enough.

In order to provide fully compliant payment processing, there MUST be full transactional transparency. Meaning:

• The Sponsor Bank that funds the transaction must work within BSA/AML guidelines
• The Acquirer must work in full transparency regarding the source of a transaction.
• The business’ depository bank must have a BSA/AML compliant cannabis program in place.
• The card brands must be notified that the Sponsor Bank is supporting the industry.

If any of these items are missing - the payment solution is not compliant.  At the end of the day, EVERY entity that touches a cannabis transaction MUST know that the transaction ultimately resulted in the direct purchase of cannabis.

So how do ISOs (independent sales offices) get away with the bold statements you find online and in your inbox? 

Many of these providers are happy to get away with it as long as they can. They think they can provide a much needed service to cannabis businesses. They'll make a little money, and they'll take the slap on the hand when their solution gets closed down. But we have been informed that there are instances where cases are being built against larger ISOs who offer credit card services to plant touching businesses. But, generally, the small providers don’t seem to warrant the attention.

However, as soon as a small provider starts processing increased transaction volumes, it almost always triggers an audit by the acquirer. In these cases, the acquirer shuts down and dismantles the operation (often freezing all funds processed). That means the delivery and dispensary businesses using those payment services may never see their funds. 

As an example of a blatantly illegal offer, take a look at this statement from an unnamed “cannabis merchant service provider” website: 

 “.... the cannabis industry’s only fully-compliant merchant services solution to accept credit and debit cards. To learn more about our proprietary payment rail which eliminates the need to process transactions on the credit card networks...”  

They claim to be able to process credit cards without using the card brand networks.  This is blatantly untrue and masks the true nature of the transaction.  Credit card transactions cannot be made without the networks.

What they're likely doing is allowing their “members” to load or link a virtual bank account with a credit card. When a transaction is made at the dispensary, they charge the credit card to “load” the bank account (or purchase a digital currency) and then transmit the funds directly to the merchant for the purchase of cannabis. Neither the card brands nor the acquiring bank know this is really a purchase for cannabis without launching an investigation. 

Now refer back to the definition of money laundering and consider the entities that MUST be involved in all credit card transactions. With this transaction, they are masking the true nature of the transaction.  This is a clear example of money laundering. It is also highly likely bank fraud. And ALL parties involved could be held accountable.

The worst part for you is that if this processor is indicted, you could be too.

A lot of businesses think it would be a dream to accept piles of cash and never look at another credit card. We know merchants have to pay a lot in credit card fees. And, after all, cash is king, right?  However, the adage does not always hold true.  Many businesses actually find cash to be too costly…..

• Large amounts of cash on hand make cannabis businesses a target for thieves. This endangers your business, your staff, and your customers.
• Cost of cash and depositing cash. Yes, accepting cash as a business actually does carry a cost. On top of that, banks charge exorbitant fees for the transport, deposit, handling, and “cleaning” of cash from plant touching businesses.
• Accountability. Cash is untraceable. Banks need to be able to trace the origins of where the cash derived from for BSA/AML purposes. In other words, every dollar deposited needs to be traced back to the product sold. If you’re unable to provide this check and balance, then an all cash deposit increases the risk to the depositing bank.
• Lost sales. People tend to spend a lot less money when they use cash. While the studies vary greatly, they all agree that consumers spend and tip more when they use their card than they do when they use cash. As a matter of fact, depending on the industry, the average increase in spend can be anywhere from 12% to 80%! One study showed the average value of a cash transaction was $22, compared to $112 for the average non-cash transaction in 2019. In our experience, cannabis businesses see an average ticket increase of about 17% when they implement card payment services.
• COVID-19 changed cash for good. In today's world, there are rising concerns about the cleanliness of paper money. Remaining contactless has become the new norm for a number of different industries, including cannabis.

As you plan for the future of your business, existing on a cash only basis becomes less and less viable. For your business to survive and thrive, you need an efficient way to increase sales, service your customers, and increase cash flow. But how are you to know which solutions accomplish that goal and which will get you in hot water?

While there are dozens of “proprietary solutions” out there, we can break them down to their core elements.  This allows us to separate them into two categories: problematic solutions and legitimate solutions.

Let's make it simple and break down each of these categories.

Crypto Wallet or Blockchain solutions

It's 2022 - why not futurize payment services for Cannabis?

Blockchain has a promising future, but, most current cannabis payment solutions are being used improperly.  While cryptocurrency transactions, when tracked properly, can be a legitimate payment option, most are used to disguise a credit card transaction.

Many blockchain solutions for cannabis allow for credit card payments through the use of crypto currency at the POS.  These solutions allow consumers to use their credit card to make a purchase.  What is really happening is that the "merchant account" is established to enable the purchase of crypto currency, gift cards, or something else.  When the consumer makes their purchase, blockchain is used to convert the credit card payment into Crypto Currency, then instantly convert it back to USD and deposit it into the merchant's account.  

However, the acquiring bank and processor are unaware that the purchase is for cannabis.  As far as the bank knows, the transaction is for either crypto currency or some other item. This constitutes bank fraud and money laundering by hiding the true nature of the purchase from the acquiring bank and processor. 

Accepting crypto currency directly, however, can be legitimate.  The main concern here is how the funds are re-entering the economy.  If the chain of custody is traceable and your compliant financial institution is aware that the funds are from the sale of cannabis, accepting crypto payments could be a legitimate option.

Things to keep in mind:

• Crypto or blockchain solutions still require a bank to fund or accept the transaction deposits, eventually. Even if you were able to accept all your transactions into cryptocurrency, the minute those funds are used for payroll, product, or bills, those funds are converted into USD and need to be funded or accepted by a bank.
• Due to the reasons mentioned earlier, no acquiring bank can or will knowingly authorize or fund a credit card transaction for cannabis. These solutions are still masking the nature of the transaction, which could be considered bank fraud if you’re not being fully transparent with your bank.
• Solutions that use a wallet have proven to sometimes be difficult to retrieve funds from. And in many cases, merchants have never been funded.
• Many Crypto solutions have poor reporting for accounting and compliance.

Closed Loop or Membership Systems

With these solutions, cannabis customers hold a virtual account that is linked to their bank account and accessed by a card, phone number, or QR code. Customers can fund their virtual account via ACH or bank transfer. Then use those funds by using the card provided by the payment provider at the time of purchase.  

• Technically, this is a viable solution when working with state sponsored banks in full transparency. So, on the upside, they CAN be compliant and keep cash out of your dispensary. However, customers can only use the closed loop card at that particular business or a participating business. This is similar to that of a Starbucks or department store card. 
• Lack of consumer adoption.  Consumers don't like having to hold special accounts (with or without fees) just so they can transact a cannabis transaction. Especially when it only works at a specific location.
• Cost.  These types of services often charge exorbitant fees to either the dispensary, the customer, or both.

Off-shore payment processing

Offshore payment processing involves opening a merchant account with an overseas bank to process and fund your credit card transactions. While this can be a viable solution for many merchants, it poses significant issues for cannabis industry merchants.

• Most all reputable international banks will not KNOWINGLY work with a cannabis business. 
• Accepting card payments in a different country and then depositing those funds back in the US (or transferring them at ANY point in the future) constitutes money laundering.
• Accepting payments for cannabis is against all card brand regulations.
• Offshore processing is prohibitively expensive for most cannabis businesses. 
• Customers will be hit with international credit card transaction fees.
• Declined transactions. Offshore solutions usually have a high transaction decline rate due to built in fraud protection put in place by the card issuing bank.  
• Chargebacks. Often times, with offshore processing, the business descriptor on your customer’s statement will not match your business. This often triggers them to file a chargeback with their card issuer for the transaction. 
• Most importantly, when it comes to cannabis payments, anything off-shore is considered suspicious and very high risk. If a provider is offering any sort of off-shore solution, you should avoid them at all costs. Otherwise, you will be putting yourself and your business at risk.

Cashless ATM or P.O.B. (Point of Banking)

Most businesses have heard of or used a cashless ATM. However, if you are still unclear about how it works, we will explain it. 

Consider that a customer comes in (or orders online for delivery) and wants to purchase $47.50 worth of your inventory.  Upon delivery the budtender or driver would enter the amount of the sale (rounded up to the nearest $5) into a modern credit card terminal that has been programmed to act like an ATM.  So, in this case he would enter $50 and ask the customer to insert, swipe or tap their debit card and enter their PIN.  Once approved the budtender provides $2.50 as change.  Oftentimes this “change” is left as a tip, and everyone is happy. The funds from the sale are processed (as a cash withdrawal) and deposited into the merchant's bank account.

Major card brands, Visa and MasterCard, have both taken a strong stance against the practice of accepting payments through POB.

The following statement comes from MC to an undisclosed payment provider with regards to POB.  In addition to immediate cease and desist, MC states “…these purchases and sales are prohibited both through direct processing, as well as through any means designed to disguise such transactions or circumvent such laws and/or Standards."

Visa stated publicly: “supporting this scheme affects the integrity of VisaNet and the Plus network, as well as the Visa payment system.” and “…Acquirers will be subject to non-compliance assessments and/or penalties, when they—or their third-party agents—are found in material non-compliance with the Visa Rules.”

Traditional ATMs

Placing an ATM at your business location can be great for both businesses and customers alike. Not only is it a great way to create additional foot traffic, but it can also be an additional revenue stream. 

However, there are some disadvantages with cannabis ATMs:

• The ATM is only legitimate if the funding bank and ALL the accepted debit networks have approved use in cannabis facilities.
• Customers tend to self limit themselves as to how much they will spend. This is because when they walk in the door, they withdraw what they think they are willing to spend. This leaves no room for upselling or spontaneous purchases.
• Your dispensary still has the problems and costs of handling and depositing cash.
  

We believe the cannabis industry desperately needs and deserves fair access to cashless payments. However, there are very limited legitimate and efficient methods to accept cashless transactions for cannabis.

As we have seen, accepting card payments is a difficult proposition due to the disparity between federal law and individual state laws. This truth remains despite the demands of cannabis businesses and consumers alike.

However, since 2021, B.I.G. has taken huge strides forward in creating greater access to merchant services for cannabis businesses. Here are the most legitimate options for cashless cannabis payments available now.

PIN Debit Cannabis Payment Processing

By far the BEST and most exciting payment solution the cannabis industry has had to date is our new PIN Debit payment processing.

This solution brings the first bank-backed merchant account to accept card payments for plant touching businesses.

PIN Debit payment processing is NOT a Cashless ATM – they are completely different. PIN Debit allows your customers to make a purchase exactly as they would at the grocery store. Transactions are for the exact dollar amount of the sale.

 Acceptance of PIN Debit for cannabis has many benefits for the industry:

• NO cash handling, no need to issue change back.
• Less confusion, costly mistakes, and access to cash.
• NO need for cannabis delivery drivers to carry any money.
• Your Customers will NOT be billed “Out of Network” fees, which will make them happy!
• Sales have proven to increase by with PIN Debit solutions!
• Costs less than cash handling and transportation fees!
• Full Bank and Processor Disclosure - try to get that anywhere else.
• Accurate descriptors with your correct DBA and address on receipts and bank settlement reports.
• NO Convenience fees.
• NO Checkout confusion.
• Credit card ready when there is federal change - be the first to accept credit cards for cannabis by not having to apply for a new merchant account.

Our PIN Debit cannabis payment processing fulfills the highest level of compliance and transparency. Our clients take comfort in knowing exactly who their bank and payment processor are. Additionally, our banking partners have taken every step possible to make this a sustainable and growth focused payment solution.

The sponsoring bank has taken every conceivable step:

• • Worked within Federal Regulations to structure the program requirements.
  • Worked with the Nation’s leading legal team for banking and payments to independently audit the policies, procedures, and reporting.
  • Verifies that all entities involved in the transaction process are aware of the nature of the transactions and that they have a compliant cannabis program in place.
  • Notified the card brands of their intentions.
  • Worked with the processor to verify their procedures.

Ready to learn more about our PIN Debit Program? 

VISIT OUR WEBPAGE

OR

ACH Processing

ACH (automated clearing house) payments are facilitated by a customer using their bank account to transmit or transfer payment directly to a merchant for a purchase. Customers do this regularly to pay for many things in everyday life, but most commonly with Bill Pay for utilities and others.

Again, as long as the processing and funding banks have approved use for cannabis facilities, ACH payments can be legitimate and are widely used in the industry. The clearing house is independent of the federal government and only has to be concerned with state law. 

• ACH payments can be facilitated through apps, over the phone, online, or at the time of purchase.
• ACH information can be stored (by the gateway) for customers who are frequent buyers so that they do not have to enter their information again.
• ACH payments are less expensive than credit cards.
• Bank transfers through ACH are getting faster all the time, which means quicker deposits for your business.
• On the downside, consumers do need to have both their routing and account information to make a purchase or have linked their bank account through an app or website.
  
  

eChecks Payments

Yes, you read right!

Another legitimate way to accept payments for cannabis. An eCheck is really just like accepting a check online. The check is printed with your customer’s virtual signature and either electronically or physically deposited into your account.

• Allowing customers to order online and pay online is a huge benefit to busy dispensaries and delivery operations.
• Payment information can be stored (by the gateway) for customers who are frequent buyers so that they do not have to enter their information again.
• On the downside, some consumers do not like using their checking account to make purchases. This is because they don’t realize that it is, just as, or more secure than using a credit card!
• eCheck payment processing for cannabis has proven to be an effective cashless payment method that has increased sales and safety for thousands of industry businesses.

Credit card processing for ancillary cannabis businesses

Yes, credit cards ARE a legitimate option… for non-plant touching businesses. Although these accounts can be difficult to establish, there are still processing banks that will work with you. Remember, even though you are not actually selling the drug, you are benefiting from the sale of cannabis. Thus, all parties involved are subject to BSA/AML (anti money laundering) regulations.

• The account still has to be established with full transparency
• Empowers your business to accept credit and debit cards just like any other business – online, in person, or on the go.
• Take advantage of streamlined operations, increased sales, and reporting
• Underwriting will be more intensive than a traditional merchant account
• Rates may be higher due to the increase in compliance and risk for the bank

Since 2012, we have been on the cutting edge of pushing for equal access to financial services in cannabis. We continue to lobby for and support the industry in every way we can. And we're well aware that since its inception, the cannabis industry has always had to walk a very fine line. 

However, practices like creating a shell company, intentionally “mis-coding”, or creating another “work around” so that cannabis businesses can accept credit cards is doing the industry a disservice. And it is certainly doing nothing to help its sustainable growth. By acting illegally to make money only serves to feed those who oppose the industry and damages the public’s perception of it.

Short-term success or advantage should not come at the expense of long-term goals, your license, or your freedom, let alone set the industry back. 

Fair access to financial services will happen, but in the meantime we, as an industry, should look beyond the walls of our operations and think about the good of the industry. 

In many businesses, yes, there are 1000 ways to “skin a cat”. But when it comes to highly regulated issues (cannabis payment processing) 990 of those ways could lead you to jail. 

Next time a “new” solution comes knocking, consider the way the money flows before you jump on board. 

• Where do the funds originate (a credit card)?
• Where do the funds end up - your bank?
• How do the funds get there? Who is the processor and the acquiring bank?

If at any moment that transaction fails in transparency, then the solution is destined to fail.

If you're a cannabis business owner, you need to establish a legitimate payment processing service. One that you can depend on. One that increases your profits. And one that keeps your business and your customers safe. Call Bankcard International Group today, or schedule an appointment below. We'd be happy to go through the solutions that are available, and the costs involved. 

No BS – just answers backed by experience and courteous service.

The B.I.G. team is comprised of highly experienced, certified payment professionals.  At B.I.G. we hold the philosophy that when we provide great solutions couple with even better service that helps you succeed, we will create a lifelong relationship with your business. 

Give us a call - you'll be glad you did!

Interested in a chargeback prevention program?

Bankcard International Group offers charge back prevention solutions

These programs are very effective at assisting high risk merchant account holders to manage and prevent charge backs before they happen.  Many of our high risk or hard to place merchants find these programs useful.  Online merchants tend to see more chargebacks than other merchant accounts.   Just ask us for the details.