AGENCY TRIBAL NATIONS today issued Public Notice PN-580, formally announcing the establishment of the new cannabis banking system for all tribal cannabis and hemp licensees operating under the Cannabis Licensing 2026 framework. This banking system is established pursuant to the President’s Executive Order for Banking and the federal rescheduling of cannabis from Schedule I to Schedule III under 21 U.S.C. §823.
The President’s Executive Order for Banking
The President’s Executive Order for Banking directs federal financial regulators to ensure that cannabis and hemp businesses operating in compliance with Schedule III regulations have full and equal access to banking and financial services. This Executive Order removes the barriers that previously prevented federally regulated banks and credit unions from serving lawful cannabis operations.
Under this Executive Order:
- Banking institutions shall not deny accounts, loans, payment processing, or other financial services to tribal cannabis licensees operating under these regulations
- Federal deposit insurance protections apply to all accounts held by compliant tribal cannabis businesses
- Wire transfers, merchant services, and payroll processing shall be available to all tribal licensees without restriction
- No Suspicious Activity Reports (SARs) shall be required solely on the basis that a customer is engaged in lawful tribal cannabis commerce under Schedule III
Schedule III Rescheduling — The Legal Foundation
Cannabis has been reclassified from Schedule I to Schedule III under the Controlled Substances Act, 21 U.S.C. §801 et seq., following the December 2025 executive order and DEA rulemaking. This rescheduling:
- Recognizes cannabis as having accepted medical use in the United States
- Removes the Schedule I banking prohibition that caused financial institutions to deny services
- Enables 21 U.S.C. §823 registration for tribal cannabis operations — the same framework governing Schedule III pharmaceuticals
- Aligns federal cannabis policy with the Cannabis Licensing 2026 framework of Agency Tribal Nations
What Public Notice PN-580 Does
1. Establishes the Tribal Cannabis Banking System
Agency Tribal Nations hereby establishes the Tribal Cannabis Banking System for all licensees operating under Cannabis Licensing 2026 and the Cannabis Regulatory Enforcement Act for Tribal Entities (CREATE Act), §§26240–26270. Under this system:
- All tribal cannabis and hemp licensees are entitled to open and maintain business banking accounts at any federally insured financial institution
- The Tribal Cannabis Regulatory Commission shall issue certificates of compliance that licensees may present to banking institutions as proof of lawful Schedule III operation
- Banking institutions that refuse service to compliant tribal licensees may be reported to the Office of the Comptroller of the Currency (OCC) and the Consumer Financial Protection Bureau (CFPB)
2. Licensing & Banking Compliance
The following tribal license categories are covered under the new banking system:
- Cultivation License — commercial cannabis and hemp cultivation
- Processing License — extraction, manufacturing, and product formulation
- Dispensary License — retail sale of cannabis and cannabis products
- Lab Testing License — certified laboratory testing and quality assurance
- Domestic Transport License — intrastate and interstate distribution
- International Transport License — cross-border commerce under treaty
- Micro Business License — integrated three-license package
- Partner Hemp/Tribal Government License — government-to-government hemp programs
3. Tax Revenue & Financial Infrastructure
Pursuant to CREATE Act §26264, all tribal cannabis tax revenue shall flow through the new banking system:
- Tribal retail sales tax collections deposited into dedicated tribal government accounts
- Tribal cultivation tax revenue directed to essential government services
- No state or local jurisdiction may impose fees or taxes on cannabis products generated from a tribal source and sold on tribal lands (§26264(e)–(f))
- Independent audit of tax collections as required by the CREATE Act
4. Tribal Sovereignty & Tribal Court Authority
The new cannabis banking system operates under the exclusive jurisdiction of Tribal Court. Tribal Court is federal and holds full authority in all states:
- All banking disputes involving tribal cannabis licensees shall be resolved in Tribal Court, not state court
- States must go through Tribal Court for any cannabis regulation affecting tribal licensees
- Sovereign immunity is preserved — no waiver of immunity is granted to banking institutions or state regulators
- Authority derived from Worcester v. Georgia, 31 U.S. 515 (1832), Williams v. Lee, 358 U.S. 217 (1959), and California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987)
Why Now
The convergence of three federal actions makes this banking system both necessary and lawful:
- Schedule III Rescheduling (December 2025) — Cannabis reclassified from Schedule I to Schedule III, removing the primary legal basis for banking denials
- President’s Executive Order for Banking — Directs federal regulators to ensure equal banking access for compliant cannabis businesses
- Cannabis Licensing 2026 (April 7, 2026) — Agency Tribal Nations published the authoritative, constitution-anchored licensing framework under §823 registration
Together, these actions establish that tribal cannabis licensees operating under the CREATE Act (§§26240–26270) are lawful Schedule III registrants entitled to full banking access without discrimination.
Effective Date
This Public Notice is effective immediately upon publication. Tribal cannabis licensees may present this notice, together with their tribal license and certificate of compliance, to any federally insured banking institution as evidence of their lawful Schedule III status under federal law.
Related Documents
Issued under the authority of the
OFFICE OF THE HEAD CHIEF
Agency Tribal Nations • Mendocino Indian Reservation
President’s Executive Order for Banking • 21 U.S.C. §823 • CREATE Act §§26240–26270 • Constitution Art. 2, 7, 18, 19, 23