3. https://www.law.com/thelegalintelligencer/2020/05/23/cannabis
-and-covid-19-pandemics-impact-on-
legalization-and-legislation/
Commentary
Cannabis and COVID-
19: Pandemic's Impact
on Legalization and
Legislation
Unintended effects of the global pandemic may ultimately usher
in a new wave of legalization and protection for marijuana
businesses and the insurers and banks who work with them.
By Robin Dusek | May 23, 2020 at 01:51 PM
https://www.law.com/thelegalintelligencer/2020/05/23/cannabis
-and-covid-19-pandemics-impact-on-legalization-and-
legislation/
https://www.law.com/thelegalintelligencer/2020/05/23/cannabis
-and-covid-19-pandemics-impact-on-legalization-and-
legislation/
https://www.law.com/thelegalintelligencer/commentary/
https://www.law.com/thelegalintelligencer/commentary/
4. By early 2020, marijuana had made tremendous strides toward
legalization—
for either medicinal or recreational purposes—in most states
and even implicit
federal recognition in the form of safe-harbor legislation for
insurers and banks
conducting business with the cannabis sector. But then COVID-
19 struck, and
progress predictably slowed. Nonetheless, unintended effects of
the global
pandemic may ultimately usher in a new wave of legalization
and protection
for marijuana businesses and the insurers and banks who work
with them.
Jan. 1 marked the first day of adult-use marijuana sales in
Illinois, the latest
state to legalize marijuana for adults and the first to provide a
comprehensive
legal blueprint in the form of legislation that addresses
everything from
taxation to social justice. In all, at the beginning of 2020,
medical marijuana
was legal in 33 states, and another 11 had legalized recreational
adult use,
5. with several other states—most notably, New York and New
Jersey—making
a big push to do the same, despite marijuana’s continued illegal
status at the
federal level.
Despite these milestones, however, even where legal, cannabis
businesses
faced substantial obstacles. Key components of risk
management that any
business relies upon, at least in part, have been limited for the
cannabis
industry. Adequate insurance coverage and beneficial banking
relationships
are essential risk-management strategies for any business.
However, the
cannabis industry has been largely excluded from these markets
for three
main reasons. First and foremost, insurers and banks balk at
navigating a
complex system of state and federal laws that are frequently at
odds with
each other. Simply put, they don’t feel comfortable insuring or
providing
liquidity for an activity that the federal government still
6. considers illegal. In
addition to legal concerns, certain insurers and banks are
concerned about
the reputational risk associated with the cannabis industry.
Finally, even
insurers and banks who consider the cannabis industry a
potentially promising
market have nonetheless thus far declined to wade into the
marijuana market
because the industry is so new, with risks that are not well
understood or even
known.
Appropriate insurance coverage and reliable banking access are
a challenge
for cannabis industry participants in no small part because
insurers and banks
are overseen by the federal government. But even federal
legalization isn’t
necessarily a panacea. Certainly, Canadian cannabis businesses
have
learned that national legalization has not meant ready access to
banking.
7. There is some thought that this is due in part to the fact that
cannabis remains
federally illegal in the US, and Canadian banks do not want to
face cross-
border challenges, but there may be additional issues at play
relating to risk
tolerance, both in terms reputational risk and the unknowns
inherent in any
new industry sector.
In the United States, Congress has taken steps to address at
least some of
these concerns. The most predictable path toward access to
insurance and
banking for cannabis businesses seemed to be through federal
legislation
providing safe harbor for those who worked with the industry.
To that end, the
Safe and Fair Enforcement Banking Act, or the SAFE Banking
Act, which
seeks to provide safe harbor for banks and insurers that work
with the
marijuana industry, was passed by the U.S. House of
Representatives with
8. bipartisan support. (The Clarifying Law Around Insurance of
Marijuana Act, or
the CLAIM Act, an effort to provide an even broader safe
harbor for insurers,
stalled once it became clear that the SAFE Banking Act would
address most
safe-harbor issues for insurers, as well as bankers and that it
had
momentum.) Although the SAFE Banking Act is not yet out of
committee in
the Senate, the list of bipartisan co-sponsors signals a possible
path toward
passage. The expectation has been that once the legislation
passes, those
banking institutions and insurers that want to work with the
cannabis industry
would start to do so.
But then the COVID-19 pandemic hit the United States, and at
least 43 states
issued stay-at-home orders, with states and municipalities
paring limitations
on how and which businesses could remain open. Only
businesses
9. considered “essential”—e.g., businesses related to the
production or supply of
food, health care, basic financial support, and utilities—
remained operational.
And in at least 28 states where marijuana had been legalized,
marijuana
businesses were exempted as “essential” and allowed to remain
open. Some
jurisdictions have allowed delivery and/or curbside pick-up of
cannabis orders,
and several states have specifically approved telemedicine
appointments to
be approved for use of medical marijuana. Massachusetts is
considering
COVID-19 relief specifically for cannabis businesses and we
may see other
states following suit. By visible metrics, therefore, cannabis is
being treated as
a medication that is important to the health and well-being of
the public, even
during a pandemic. What does this mean for marijuana
businesses—and the
insurers and banks who want to do business with them—going
forward?
10. In early March, just days before rolling shutdowns hit, state
banking
associations urged Congress to advance the SAFE Banking Act,
but
COVID-19 has certainly slowed any forward progress due to the
closure of
Congress, and the bill remains in committee in the Senate. Rep.
Ed
Perlmutter (D-Co), the bill’s primary sponsor, has been urging
his colleagues
to include aspects of the SAFE Act into a COVID-19 stimulus
bill and also
working to provide relief for cannabis businesses in the form of
Small
Business Administration (SBA) loans. Perlmutter has reportedly
said that
https://www.aba.com/-/media/documents/letters-to-congress-
and-regulators/stex-joint-letter-re-support-for-safe-banking-act-
03062020.pdf?rev=d66381eb9bfa4087bebbd107dde1534d#_ga=
2.269236402.2115810287.1589161389-2098523859.1588688992
https://www.aba.com/-/media/documents/letters-to-congress-
and-regulators/stex-joint-letter-re-support-for-safe-banking-act-
03062020.pdf?rev=d66381eb9bfa4087bebbd107dde1534d#_ga=
2.269236402.2115810287.1589161389-2098523859.1588688992
Speaker Nancy Pelosi supports these efforts, so the push to
11. include cannabis
businesses in COVID-19 relief legislation may not be as far-
fetched as it
sounds. On May 8, several cannabis industry groups pressed
Pelosi and
House Minority Leader Kevin McCarthy to either advance the
SAFE Banking
Act or include provisions of that act in the next relief bill.
On the legalization front, while some state-level efforts seem to
have slowed,
the argument for federal legalization is now perhaps stronger
than ever. Pro-
legalization members of congress can point to the fact that
cannabis
businesses have often been deemed essential in states across the
nation. In
a time of economic uncertainty, a new industry with a built-in
customer base,
the potential to create around a million new jobs, and federal
tax revenue of
more than $108 billion over an eight year period might be too
enticing for
politicians to ignore.
12. The pace and packaging of more widespread legalization efforts
and the
likelihood of the inclusion of cannabis in stimulus or recovery
legislation
remains to be seen. The question facing elected officials and
others is how an
industry can be essential and yet cut off from banking and
insurance?
Answering this question may lead to state-based or other
government-backed
solutions. For example, insurance regulators can take steps to
educate
insurers about the needs of the cannabis industry in their
respective states.
Indeed, the National Association of Insurance Commissioners
has outlined
how regulators can help bring insurance for the cannabis sector
to their
states. Those regulators may now feel increasing pressure to
prioritize
insurance for marijuana businesses in their states in light of the
essential
nature of these businesses. Likewise, on the banking front, some
states have
13. contemplated state-run banks for cannabis businesses.
By declaring cannabis businesses essential, states have placed
their stamp of
approval on an industry that the more conservative insurance
and banking
industries have shied away from. Looking forward, it seems
likely that this
stamp of approval could help encourage insurers and banks to
find a way to
work with the industry.
Finally, separate from the issue of whether cannabis businesses
are truly
essential and thus worthy of protection, legislative or otherwise,
COVID-19
has caused “predictable” policyholders and clients to experience
unpredictable results. What was thought to be known is now
unknown. Given
this reality, the lack of data about and experience with cannabis
businesses is
no longer the outlier. Indeed, we may emerge from the
pandemic with
cannabis businesses experiencing a more predictable income
14. stream and risk
profile than many other types of businesses. In comparison to
more traditional
businesses that may be in a period of reinvention for some time,
cannabis
businesses could look more stable by comparison.
Still, it won’t necessarily be smooth-sailing for the cannabis
sector, even if
insurers and banks become comfortable enough to conduct
business with
them. COVID-19 can cut both ways. For example, there is no
doubt that even
if more insurers enter the cannabis space, those who do so will
write policies
incorporating the lessons learned from COVID-19. In particular,
business
interruption policies will be limited, if available at all. And as
long as marijuana
is illegal at the federal level, many banks and insurers will still
decline to
participate, particularly if there is no safe harbor to mitigate the
risk. However,
COVID-19 has upended what is and is not predictable and what
industries are
15. and are not essential. This upheaval could ultimately help the
cannabis
industry become a partner that even conservative insurers and
banks would
be willing — if not, in fact, eager—to have on their side.
Robin Dusek, a partner with Saul Ewing Arnstein & Lehr,
represents insurers,
cedents, reinsurers, and pools across the country in insurance
and
reinsurance disputes, including in both arbitrations and
litigation.
COSC 2425 Hamming code input file.
49D
4FC
51C
49D
282
18. // Copyright (c) Paul Koester, Dallas County Community
College, 2017
public class Hamming
{
private char letter; // The Ascii character with no parity
bits
private int[] bits = new int[12];
private int code; // The integer value of the character
with the parity bits added
public Hamming(char let) { letter = let; encode(); }
public Hamming(int c) { code = c; decode(); }
public int getCode() { return code; }
public char getLetter() { return letter; }
private void encode() {
int value = letter;
// Set value bits
for (int i = 0; i < 12; i++) {
if (i != 0 && i != 1 && i != 3 && i != 7) {
bits[i] = value % 2;
value /= 2;
}
}
// Set parity bits
bits[0] = bits[2] ^ bits[4] ^ bits[6] ^ bits[8] ^
bits[10]; // ^ is XOR in Java
bits[1] = bits[2] ^ bits[5] ^ bits[6] ^ bits[9] ^
bits[10];
bits[3] = bits[4] ^ bits[5] ^ bits[6] ^ bits[11];
bits[7] = bits[8] ^ bits[9] ^ bits[10] ^ bits[11];
// compute integer code
19. code = 0;
for (int i = 11; i >= 0; i--) {
code *= 2;
code += bits[i];
}
}
private void decode() {
int error = 0;
int value = code;
// Set the bit array
for (int i = 0; i < 12; i++) {
bits[i] = value % 2;
value /= 2;
}
// Check for transmission errors
if (bits[0] != (bits[2] ^ bits[4] ^ bits[6] ^ bits[8] ^
bits[10])) error += 1;
if (bits[1] != (bits[2] ^ bits[5] ^ bits[6] ^ bits[9] ^
bits[10])) error += 2;
if (bits[3] != (bits[4] ^ bits[5] ^ bits[6] ^ bits[11]))
error += 4;
if (bits[7] != (bits[8] ^ bits[9] ^ bits[10] ^ bits[11]))
error += 8;
// Correct Error
if (error != 0)
bits[error - 1] ^= 1;
// Extract character
letter = 0;
for (int i = 11; i >= 0; i--) {
if (i != 0 && i != 1 && i != 3 && i != 7) {
letter *= 2;
20. letter += bits[i];
}
}
// Display where error detected
if (error != 0)
System.out.println("Error in bit " + (error - 1) +
" corrected in character " + letter);
}
public static void main(String[] args) throws
FileNotFoundException
{
Scanner inFile = new Scanner( new
File("hamming.txt"));
PrintStream outFile = new PrintStream(new
File("output.txt"));
String line;
int code;
System.out.println("File hamming.txt opened");
while (inFile.hasNextInt(16)) {
code = inFile.nextInt(16);
// Decode the Hex code to get a character
// Create a Hamming object
Hamming ham = new Hamming(code);
// Display the decoded character
outFile.print(ham.getLetter());
}
inFile.close();
System.out.println("File output.txt closed");
}
}