It's my understanding that FinCEN considers persons who earn money directly from the sale of marijuana to be marijuana-related businesses. They did not intend for the definition to include ancillary persons, such as people receiving income, adjacent persons like hydroponic stores, or people who just occasionally receive payments like public utilities companies. While many banks find tiers useful, it's not part of any official guidance.
Last edited by ColoradoAML; 09/30/22 09:13 PM.
I would not consider your customer to be an MRB, but that's something that needs to be defined in your P&P. Regardless of how you define it, it's also your decision whether to allow the activity, keep the customer, or to maintain them as high-risk. Regulators do not mandate than any customer must be high-risk, including MRBs.
If we instructed a customer not to do something, we would maintain them on a review schedule until we were confident they stopped doing it.