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Another Big Move Out of the Shadows; First Citizens Bank, the nation’s 19th largest, poised to enter the Cannabis Market

Blog Post

A commentary on cannabis and hemp dated January 12, 2024, posted by First Citizens Bank on its website, reflects the decision by the Bank to extend its very substantial hemp/CBD platform into the cannabis space.

With more than $200 billion in assets after its acquisition of assets of Silicon Valley Bank, First Citizens is the largest bank that I’m aware of that is now serving the cannabis industry (if anyone knows differently, please let me know).The entry of a bank this size into the cannabis market is a very significant development for the cannabis industry in and of itself and substantiates the belief reflected in several of my earlier blogs and at numerous conferences at which I have been a presenter, that whether or not there was any enabling federal action more and larger banks would be drawn into the cannabis markets as the dollars increased and the industry moved further and further out of the shadows and into the mainstream. Perhaps, as importantly, if my thesis continues to prove correct, it will pave the way for and draw into the market other comparably large banks (as well as more smaller banks), a trend anticipated in those blogs and remarks. 

Blogs posted in 2022 about a $48 million commercial bank loan to Fluresh, and almost exactly a year ago about Valley National Banks’ $71.5 million loan to Trulieve, noted: 

“For the industry, it reflects its inexorable movement out of the shadows and into the mainstream. This substantiates the view that, whether or not any of pending the federal legislation is enacted, bank lending to the cannabis industry will continue to accelerate.

While a number of mega banks are stubborn holdouts, and whether or not there is a formal change in bank law or regulation, this transaction is further evidence supporting the belief that more and larger banks are entering and will continue to enter the market. Each one that does both paves the way for and draws others in.

Of equal, or perhaps greater significance to the industry than the direct impact on increased access and cheaper money on the operating results, are the intangible, “out of the shadows” implications of these trends in the ongoing process of propelling it “into the mainstream,” the potential significance of which likely extends far beyond banking.”

Could First Citizens represent a beachhead among the tier just below the mega banks that have been stubborn holdouts? It is almost certain that there are others, still cloaked in the shadows, that are taking note of First Citizens initiative and could be motivated by it to act on what is probably still an “early movers” opportunity.

First Citizens is the most recent and largest addition to the membership of the ICLC (Institutional Cannabis Lenders Community), a non-profit trade association which was organized last March among various institutional participants in cannabis credit markets. Its membership includes four major funds (Altmore, Chicago Atlantic, Rainbow Realty and Silver Spike), a cross section of geographically dispersed banks and credit unions (ranging in size from single state community institutions to First Citizens and another top 50 bank), and an eclectic group of family office advisers, investors and advisers involved or interested in cannabis opportunities. In addition to providing access to shared resources and opportunities, the ICLC has a focus on programming for its participants on key issues and emerging best practices. Its membership remains open to qualifying participants.

Welcome First Citizens! And to those other banks, come on in, the water’s fine.


Invitation to Banks & Family Office/Ultra-high Net Worth Investors Exploring Cannabis Lending to Join Our Informal Institutional Cannabis Lenders Community

An update on the latest developments in the cannabis banking/lending space by subject matter expert, BMD Scottsdale/Phoenix Office Managing Partner Stephen Lenn

Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.

Non-compete Agreements are Under Fire: What Employers Need to Know

Non-compete agreements are an ongoing topic of dispute. Employers and their advocates point to the efficacy of non-competes in protecting proprietary information. Employees and their advocates argue about worker mobility and that employers unduly burden workers’ ability to seek better jobs. The Biden administration has put forth its position, and state legislatures have introduced bills addressing the enforceability of non-competes. Here is what you need to know:

BMD’s Jason Butterworth Quietly Engineers Some of Akron’s Most Impactful Projects

Jason Butterworth, a team member of BMD’s Business & Corporate practice, focuses his practice on finance, real estate, and tax credit law.

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.