A bipartisan bill to guarantee insurance services within the cannabis industry was introduced last week in the U.S. Senate. The legislation, aptly named the Clarifying Law Around Insurance of Marijuana (CLAIM) Act of 2021, is sponsored by Bob Menendez (D-NJ), Rand Paul (R-KY), and Jeff Merkley (D).
According to a press release from Sen. Menendez’s office, the bill was introduced in response to the fact that only six states in the U.S. still lack some form of medical or adult-use cannabis law. However, due to cannabis’s designation as a Schedule I narcotic under the Controlled Substances Act, these otherwise legal businesses are not generally insurable.
Rep. Nydia M. Velazquez (D-NY) introduced a companion bill in the House of Representatives on Monday, her office announced in a press release.
The voters in New Jersey spoke loud and clear this November when they overwhelmingly approved of recreational marijuana use, the governor and state legislature have acted, and now it’s time for the federal government to take the shackles off of state-authorized cannabis businesses, allowing this burgeoning industry to thrive.” — Sen. Menendez, in a statement
The CLAIM Act would allow cannabis firms in states with adult or medical cannabis to obtain insurance products like workman’s compensation, property, casualty and title insurance, the press release says. The Act has both private and public stipulations designed to protect insurers as well as the insured.
“Current federal law prevents these small business owners from getting insurance coverage, and without it, they can’t protect their property, employees or customers,” said Sen. Menendez. “Our legislation simply levels the playing field for legal cannabis businesses, allowing them to fully operate just as any other legal small business would by permitting insurance companies to provide coverage to these enterprises without risk of federal prosecution or other unintended consequences.”
The proposal is particularly timely as the House and Senate are set to reconsider the widely popular SAFE Banking Act, which would legalize the cannabis industry’s access to traditional banking and other financial services.