BMA forms view on cannabis related risk

Published: 5 Dec 2019
Type: Insight

First Published in The Royal Gazette, Legally Speaking, December 2019

The Bermuda Monetary Authority has confirmed that it will not object to BMA-supervised entities conducting cannabis business with a licensed cannabis cultivator, processor or seller so long as the conduct of the cannabis business is legal at all levels within the country in which it is operated.


The BMA’s position, issued in a notice, was made clear in response to it receiving an increase in enquiries in respect of licensing to re/insure cannabis related risk and the legalisation of cannabis in Canada, which occurred in October 2018.

What this means for Bermuda is that companies can incorporate here and, subject to the appropriate application and approvals, be supervised by the BMA, and be allowed to re/insure cannabis-related risk in foreign jurisdictions.

The notice stresses that it is the responsibility of the BMA-supervised licensed entity to understand the application of foreign laws and comply therewith.

In the conduct of its business, the BMA-supervised licensed entity must continue to adhere to Bermuda’s legal and regulatory requirements as set forth by the BMA and other regulators.

That includes meeting legal and regulatory requirements in respect of anti-money laundering and antiterrorism financing, performing risk assessments of clients, fulfilling the obligation to file Suspicious Activity Reports to the Financial Intelligence Agency and completing source of funds enquiries.

In the notice, the BMA confirms its requirement that source of funds enquiries are sufficient to establish that funds derive from activities that do not predate the legalisation of the cannabis-related activities.

Obtaining adequate insurance remains problematic for those conducting business in the cannabis sector with many insurers remaining reluctant to insure cannabis related risk.

Consequently, it is an industry that can benefit from captive insurance, which is where a parent company wholly owns a subsidiary and the subsidiary is registered as an insurance company to insure the risk of the parent.

Bermuda is the leading domicile for captives globally. In February 2019, the BMA released a statement that said the Bermuda registered captive count was at 711 in 2018 with insurance premiums totalling $40 billion.

The BMA said that 19 new captives had registered in 2018 compared to 17 in 2017, suggesting an upward trend. It was also revealed that, although the majority of new captives originated from the United States, they also came from Europe, Canada, Latin America and Africa.

Canada is of particular interest with respect to the cannabis sector. Insuring risk through a captive enables businesses to obtain customised solutions to their risk needs while centralising costs and administration.

The BMA’s notice reiterated this point by flagging that the new captives covered a diverse range of company structures including pure captives, association captives and long-term captives. The lines of business being written were described as a “good mix”.

If you wish to learn more about Bermuda’s insurance regulation or how Appleby can assist, please engage with your usual Appleby contact or any member of the team.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.

locations

Bermuda

services

Regulatory Advice

types

Insight

Share
More publications
050-Insolvency-Restructuring-Grid-Image
13 Jul 2026

Bermuda: Restructuring & Insolvency

This country-specific Q&A provides an overview of Restructuring & Insolvency laws and regulations applicable in Bermuda.

Appleby-Website-Regulatory-Practice
10 Jul 2026

It’s healthy to sometimes disagree with regulators

At some point, almost every regulated business will disagree with its regulator.

Appleby-Website-Privacy-and-Data-Protection
8 Jul 2026

Bermuda Privacy Commissioner Signals Shift to Stronger PIPA Enforcement

The Office of the Privacy Commissioner (PrivCom) has issued its first annual report since Bermuda's Personal Information Protection Act 2016 (PIPA) came fully into force, with the reports content signaling a transition from education and implementation to a stronger focus on enforcement.

Bermuda-1024x576-1
1 Jul 2026

A Forest for the Future

A first since the blight, the airport cedar forest is growing tall and standing strong.

Appleby-Website-Regulatory-Practice
1 Jul 2026

Complied out of business

Firms are complying themselves out of business because compliance no longer matches the evolving sophistication of the Bermuda Monetary Authority (BMA).

Appleby-Website-Insurance-and-Reinsurance
1 Jul 2026

The long game: how Bermuda became the world’s life reinsurance capital

Ask a life insurer in New York, London or Tokyo where the liabilities behind their book ultimately sit and there is an increasingly good chance the answer is a 21-square-mile island in the North Atlantic.

Appleby-Website-Insurance-and-Reinsurance
1 Jul 2026

Record H1’26 Cat Bond Issuance Driven by Rising Sponsor Comfort and Diversified Risk

With H1 2026 officially breaking the record for the most catastrophe bond deals to come to market and settle in the first six months of the year, a key trend driving this momentum is how comfortable sponsors have become with the mechanics of the overall cat bond space. This familiarity has ultimately encouraged a wave of new sponsors to enter the market, according to Brad Adderley, Managing Partner at law firm Appleby.

Appleby-Website-Employment-and-Immigration
12 Jun 2026

The Cost of Getting Employee Departures Wrong: Five Common Pitfalls for Bermuda Employers

Employee departures are an inevitable part of running a business, but the way they are managed can have significant legal, financial and operational consequences. In Bermuda, employers who approach terminations without adequate preparation may expose themselves to unnecessary disputes, regulatory issues, and reputational harm. Whether an employee is being dismissed for performance reasons, made redundant or departing as part of a negotiated exit, by recognizing the following common mistakes and taking a proactive approach, organizations can manage departures more effectively and reduce risk.

Appleby-Website-Privacy-and-Data-Protection
8 Jun 2026

It’s time to bridge Pipa compliance gap

A review of 200 publicly available privacy notices of companies in Bermuda has revealed that just one in nine are fully compliant with the Personal Information Protection Act 2016.

Appleby-Website-Privacy-and-Data-Protection
26 May 2026

Transparency is a legal requirement under Pipa

Major companies across the European Union have faced substantial fines between 2019 and 2024, estimated at a total of €930 million (about $1.08 billion), not only for cyberattacks or data breaches, but also for issues such as noncompliant privacy notices. A common theme in many cases has been a lack of transparency.