educational

The Legal Gray Area of Cannabis Transactions

The Legal Gray Area of Cannabis Transactions

Across 30 states and the District of Columbia, marijuana consumption is now legal in some form. With more than half the country buying and selling cannabis products legally, there’s still a large gray area when it comes how these transactions are handled.

For example, as of Jan. 2, anyone 21 and older may legally buy and consume an ounce of marijuana in California, whether you’re a resident of the state or not. On the federal level, this is a problem. Agents can still prosecute anyone caught with marijuana bought in a recreational store.

At this point, there aren’t many payment processors willing to stick their necks out until there is more definition and regulation of the market. However, if and when lawmakers do act, there is no doubt that medical dispensaries will come online in the U.S. and to many other countries.

Owners, distributors and growers could also be federally prosecuted, essentially treating them as drug dealers. Banks caught handling cash from these transactions could be prosecuted under organized crime laws. Even though the industry is expected to generate $7 billion a year for California, at this time the cannabis business is considered illegal under federal law.

Banks subject to federal regulations are reluctant to open accounts forcing businesses across California to handle all transactions in cash. We believe this issue must be addressed, sooner rather than later, at the federal level — by Congress defining what is legal and establishing regulations.

A tipping point may have come for California. On Jan. 25, state Sen. Robert Hertzberg, D-Van Nuys, Calif., introduced a bill (SB930) allowing California chartered banks, credit unions and other financial institutions to open checking and savings accounts for marijuana retailers.

This would enable them to issue checks, and pay their employees and other bills like most businesses, with something other than cash. It’s an attempt to deal with U.S. Drug Enforcement Administration rules that still classify cannabis as a Schedule I drug.

Can you legally buy cannabis online? That depends on where you live. In Canada, Buds2Go.ca is considered an online dispensary. It’s also possible in parts of California: we found eight online delivery services listed at KushCa.com backed by payment processors. Technically, it’s not federally legal to deliver across state lines.

There is crossover from the adult market to the cannabis space as well, and we are seeing it as a growth channel for some of our existing clients.

At this point, there aren’t many payment processors willing to stick their necks out until there is more definition and regulation of the market.

However, if and when lawmakers do act, there is no doubt that medical dispensaries will come online in the U.S. and to many other countries. Once this legal channel opens up there is a big opportunity for payment processors. Laws will need to be put in place to control where the money goes and credibility will need to be developed in the marketplace.

At SegPay we believe the legal sale of cannabis online will ultimately happen and we are focused on this issue. We are exploring how we can help sellers of cannabis products, including CBD oil, process payments online.

When the legal and regulatory landscape becomes clearer, we plan to take a leadership role in this process, as we believe it offers a huge growth opportunity (pun intended) in the online payment processing space. We’re also exploring options with banks in both the U.S. in Europe. When the smoke clears, SegPay wants to be a clear leader in this movement.

It took only three years for Cathy Beardsley to turn startup SegPay into a profitable company. As president and CEO, Beardsley oversees the day-to-day operations and long-term strategic planning for the company. SegPay is one of four companies approved by Visa USA to operate as a high-risk internet payment service provider in the U.S. Since 2005, SegPay has offered online merchants a state-of-the-art billing platform that provides realtime payment processing around the globe.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Lexi Morin

Lexi Morin’s journey into the adult industry began with a Craigslist ad and a leap of faith. In 2011, fresh-faced and ambitious, she was scrolling through job ads on Craigslist when she stumbled upon a listing for an assistant makeup artist.

Women In Adult ·
profile

Still Rocking: The Hun Celebrates 30 Years in the Game

In the ever-changing landscape of adult entertainment, The Hun’s Yellow Pages stands out for its endurance. As one of the internet’s original fixtures, literally nearly as old as the web itself, The Hun has functioned as a living archive for online adult content, quietly maintaining its relevance with an interface that feels more nostalgic than flashy.

Jackie Backman ·
opinion

Digital Desires: AI's Emerging Role in Adult Entertainment

The adult industry has always been ahead of the curve when it comes to embracing new technology. From the early days of dial-up internet and grainy video clips to today’s polished social media platforms and streaming services, our industry has never been afraid to innovate. But now, artificial intelligence (AI) is shaking things up in ways that are exciting but also daunting.

Steve Lightspeed ·
opinion

More Than Money: Why Donating Time Matters for Nonprofits

The adult industry faces constant legal battles, societal stigma and workplace challenges. Fortunately, a number of nonprofit organizations work tirelessly to protect the rights and well-being of adult performers, producers and industry workers. When folks in the industry think about supporting these groups, donating money is naturally the first solution that comes to mind.

Corey D. Silverstein ·
opinion

Consent Guardrails: How to Protect Your Content Platform

The adult industry takes a strong and definite stance against the creation or publication of nonconsensual materials. Adult industry creators, producers, processors, banks and hosts all share a vested interest in ensuring that the recording and publication of sexually explicit content is supported by informed consent.

Lawrence G. Walters ·
opinion

Payment Systems: Facilitator vs. Gateway Explained

Understanding and selecting the right payment platform can be confusing for anyone. Recently, Segpay launched its payment gateway. Since then, we’ve received numerous questions about the difference between a payment facilitator and a payment gateway. Most merchants want to know which type of platform best meets their business needs.

Cathy Beardsley ·
opinion

Reinventing Intimacy: A Look at AI's Implications for Adult Platforms

The adult industry has long revolved around delivering pleasure and entertainment, but now it’s moving into new territory: intimacy, connection and emotional fulfillment. And AI companions are at the forefront of that shift.

Daniel Keating ·
profile

WIA: Sara Edwards on Evolving Clip Culture and Creator Empowerment

Though she works behind the scenes, Sara Edwards has had a front-row seat to the evolution of adult content creation. Having been immersed in the sector since 1995, she has a unique perspective on the industry.

Jackie Backman ·
profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
opinion

The SCREEN Test: How to Prepare for Federal Age Verification

For those who are counting, there are now 20 enacted state laws in the United States requiring age verification for viewing online adult content, plus numerous proposed laws in the works. This ongoing barrage has been exhausting for many in the adult industry — and it may be about to escalate in the form of a potential new AV law, this time at the federal level.

Corey D. Silverstein ·
Show More