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69th Legislature 2025 SJ 5
- 1 - Authorized Print Version – SJ 5
ENROLLED BILL
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA URGING THE UNITED STATES CONGRESS TO PASS THE SAFER BANKING ACT OF 2023.
WHEREAS, the Controlled Substances Act of 1970 makes it illegal to use or possess marijuana under
federal law; and
WHEREAS, marijuana is classified as a Schedule I substance, a designation that prohibits the use of
marijuana for medical purposes, but attitudes toward marijuana have shifted significantly, with 38 states and
territories, including Montana, legalizing or decriminalizing the use or possession of marijuana for medical or
recreational purposes; and
WHEREAS, a Pew Research poll shows that 61% of Americans favor nationwide legalization; and
WHEREAS, marijuana was legalized in Montana by voter initiative in 2004 for medical use and in 2020
for recreational use, both with wide approval margins; and
WHEREAS, Montana residents benefit considerably from the taxes collected from the marijuana
industry, with over $117 million in taxes collected from $726 million in sales between January 2022 and April
2024, funding programs from mental health to wildlife habitat to veterans' affairs; and
WHEREAS, states like Montana have seen an increase in marijuana-related businesses; and
WHEREAS, a major barrier to marijuana-related businesses is access to capital and secure
transactions via depository institutions; and
WHEREAS, because of this obstacle to traditional banking services, hundreds of marijuana-related
businesses resort to keeping and transporting significant sums of money in the form of cash, increasing the
opportunity for crime, tax evasion, and regulatory evasion; and
WHEREAS, to address this concern, the United States Senate Committee on Banking, Housing, and
Urban Affairs approved the Secure and Fair Enforcement Regulation Banking Act (SAFER Banking Act of
69th Legislature 2025 SJ 5
- 2 - Authorized Print Version – SJ 5
ENROLLED BILL
2023), which now awaits a Senate floor vote; and
WHEREAS, the SAFER Banking Act of 2023 is cosponsored by Montana Senators Steve Daines and
Jon Tester; and
WHEREAS, the SAFER Banking Act of 2023 prevents the penalization of depository institutions for
providing services to marijuana-related businesses; and
WHEREAS, passage of the SAFER Banking Act of 2023 may help reduce threats of public safety,
enable better monitoring of the financial activity and enforcement of legal marijuana-related businesses, and
demonstrate respect for state authority to legislate in this area.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
THE STATE OF MONTANA:
That the 69th Legislature of the State of Montana urges the United States Congress to pass the
SAFER Banking Act of 2023.
BE IT FURTHER RESOLVED, that the Secretary of State send a copy of this resolution to the Speaker
of the United States House of Representatives, to the Majority Leaders and Minority Leaders of the United
States House of Representatives and the United States Senate, and to each member of the Montana
Congressional Delegation.
- END -
I hereby certify that the within bill,
SJ 5, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE JOINT RESOLUTION NO. 5
INTRODUCED BY J. KASSMIER
BY REQUEST OF THE ECONOMIC AFFAIRS INTERIM COMMITTEE
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA URGING THE UNITED STATES CONGRESS TO PASS THE SAFER BANKING ACT OF 2023.