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Insurance Groups Endorse Federal Bill to Ease Cannabis Coverage

Three major insurance trade associations back legislation removing federal barriers to underwriting state-legal marijuana businesses.

By Naomi Eshleman, Federal Policy ReporterPublished September 22, 20264 min read
Hands holding pens filling out a home insurance policy document for coverage details.

Hands holding pens filling out a home insurance policy document for coverage details.

Three national insurance industry groups endorsed federal legislation on September 22, 2026 that would remove federal obstacles preventing insurers from underwriting state-legal cannabis businesses, marking the first coordinated industry push to resolve a coverage gap that's left thousands of operators exposed to uninsured property and liability risks.

Industry Coalition Backs Federal Insurance Clarification

The American Property Casualty Insurance Association, the National Association of Mutual Insurance Companies, and the National Association of Professional Insurance Agents jointly endorsed the bill in a letter to House and Senate sponsors. The three organizations represent more than 1,800 insurance companies and 25,000 independent agencies nationwide. Their endorsement signals a shift in industry posture after years of regulatory ambiguity that left most cannabis operators reliant on specialty carriers charging premiums 300 to 500 percent above standard commercial rates.

Introduced in both chambers in June 2026, the bill clarifies that federal law doesn't prohibit insurers from providing coverage to cannabis businesses operating in compliance with state law. HR 4782, the House version, was referred to the Financial Services Committee. S 2891, the Senate companion, sits in the Banking, Housing, and Urban Affairs Committee.

Coverage Gap Stems from Federal-State Conflict

Cannabis businesses face restricted insurance access because underwriters fear federal enforcement action under the Controlled Substances Act, even when state licenses are valid. Most national carriers decline to write policies for dispensaries, cultivators, and processors. Operators end up dependent on a small pool of specialty insurers, many domiciled offshore or in states with minimal regulatory oversight.

A 2025 survey by the National Cannabis Industry Association found 41 percent of licensed operators reported difficulty obtaining general liability coverage. Thirty-eight percent said property insurance was unavailable at any price. Some businesses self-insure or operate without key protections. That exposes them to catastrophic financial risk from fire, theft, product liability claims, and employee injuries.

Bill Text Establishes Safe Harbor for Insurers

The legislation creates a federal safe harbor stating that providing insurance to a state-licensed cannabis business doesn't constitute aiding and abetting a federal crime. It amends Title 18 of the United States Code to exclude insurance transactions from the definition of prohibited conduct under the Controlled Substances Act. Property, casualty, life, health, and workers' compensation policies all fall under the amendment.

Cannabis's Schedule I status remains unchanged. The bill addresses only the insurance-specific legal uncertainty that's deterred carriers from entering the market. Sponsors framed the measure as a technical correction rather than a substantive shift in drug policy.

Bipartisan Sponsorship in Both Chambers

Representative Ed Perlmutter of Colorado and Senator Jacky Rosen of Nevada introduced the House and Senate versions, respectively, with bipartisan co-sponsorship. Perlmutter has championed cannabis banking and insurance legislation since 2019. Rosen chairs the Senate Banking Subcommittee on Economic Policy. She's tied insurance access to public safety, arguing that uninsured cannabis businesses pose fire and environmental hazards in commercial districts.

HR 4782 has 37 co-sponsors: 22 Democrats and 15 Republicans. S 2891 has 11 co-sponsors, split evenly between parties. Neither chamber has scheduled a committee markup or floor vote. Congressional staff familiar with the bill said leadership is waiting for broader cannabis reform momentum before advancing standalone measures.

Endorsement Adds Institutional Weight to Lobbying Effort

Formal backing from the insurance industry strengthens the bill's prospects by countering the perception that only cannabis operators benefit from passage. Previous cannabis-adjacent legislation, including the SAFE Banking Act, stalled in part because opponents framed the measures as special-interest giveaways. Mainstream insurance groups repositioning the bill as regulatory cleanup changes that dynamic. Traditional industries caught in federal-state crossfire now have a stake.

The American Property Casualty Insurance Association represents carriers writing 60 percent of U.S. property and casualty premiums. In its endorsement letter, the group noted that current legal ambiguity harms insurers as well as cannabis businesses. Members want clarity on whether underwriting state-legal activity triggers federal liability. The National Association of Mutual Insurance Companies, representing 1,500 member companies, echoed that rationale.

State-Level Workarounds Highlight Federal Gap

At least 12 states have enacted their own statutes or regulatory guidance affirming that insurers may cover cannabis businesses without violating state insurance law. California, Colorado, Oregon, and Washington have issued formal bulletins from their departments of insurance. But those state actions don't resolve the federal question. Insurers remain concerned about prosecution or enforcement by federal agencies including the Drug Enforcement Administration and the Financial Crimes Enforcement Network.

Some state-chartered insurers and mutual companies have entered the cannabis market under the protection of state guidance. The vast majority of national carriers continue to decline cannabis risks. Premium disparities of 200 to 400 percent between cannabis operators and comparable businesses in other industries persist.

Next Steps Depend on Committee Action and Leadership Priority

The bill requires committee approval in both chambers before reaching the floor, and neither committee chair has indicated a timeline for markup. House Financial Services Chair Maxine Waters hasn't publicly commented on the legislation. Senate Banking Chair Sherrod Brown has supported broader cannabis banking reform but hasn't specifically addressed the insurance bill. Congressional observers expect the measure to advance only as part of a larger cannabis package or as an attachment to must-pass legislation such as an appropriations bill.

For full background on this story, see the CannIntel topic hub on cannabis insurance legislation. Watch for whether either committee schedules a hearing or markup before the current session ends in December 2026. Without floor action this year, sponsors will need to reintroduce the bill in the next Congress.

Full context

For complete background, history, and our ongoing coverage of this story:

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Sources

cannabis insurancefederal legislationHR 4782S 2891Ed PerlmutterJacky RosenAPCIA
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