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Crypto and the Muni Market: Why Are Some States Investing in and Promoting Crypto? - ArentFox Schiff

Reported by Afslaw
Dec 16, 2025· 3 min read
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Key Takeaways
  • • At least 19 U.S. states have considered or passed legislation in 2025 to permit state fund investments in cryptocurrency, with allocation caps ranging from 5% to 10% of public funds, requiring minimum market capitalizations of $500 billion (currently limiting eligible assets to Bitcoin).
  • • New Hampshire's Business Finance Authority is pioneering a $100 million taxable bond issuance secured by Bitcoin, with $150 million in a statutory trust designed to protect bondholders against downside price movements while allowing participation in upside appreciation.
  • • States including New Hampshire, Texas, Massachusetts, Michigan, North Carolina, and Ohio have introduced or passed crypto-investment legislation, while Arizona has established procedures to seize and manage digital assets classified as abandoned property.
  • • The 2022 cryptocurrency market collapse resulted in approximately $2 trillion in value loss, with prominent bankruptcies including FTX, exposing systemic fraud and highlighting the speculative, volatile nature of crypto assets that lack registered securities treatment.
  • • The Government Finance Officers Association has formally warned governments against investing in crypto or accepting it as payment since 2022, citing liquidity concerns and dramatic price volatility as material risks to municipal finance stability.
Summary
Cryptocurrency is establishing an unprecedented foothold in the municipal bond market and state public finance operations, representing a marked departure from the conservative fiscal practices traditionally defining this sector. As of 2025, at least 19 states have considered or enacted legislation permitting state funds to allocate portions of their portfolios to digital assets. New Hampshire and Texas have passed nearly identical laws allowing investments of up to 5% of public funds in assets with market capitalizations exceeding $500 billion—a threshold currently satisfied only by Bitcoin. Massachusetts, Michigan, North Carolina, and Ohio have introduced comparable legislation, with some proposals permitting allocations as high as 10% of public funds. Arizona has taken a distinct approach by establishing statutory procedures for state seizure and management of digital assets that qualify as abandoned property.

The New Hampshire Business Finance Authority is pursuing an innovative and aggressive expansion of this trend by issuing $100 million in taxable bonds secured by Bitcoin holdings. The structure allocates $150 million in Bitcoin to a statutory trust responsible for debt service payments and bond security. This arrangement incorporates downside protection—if Bitcoin's value declines below a specified threshold, the trust will liquidate holdings to redeem bonds and mitigate investor losses. Conversely, if Bitcoin appreciates beyond a specified ceiling, bondholders participate in the appreciation upside, creating a hybrid instrument that blends fixed-income characteristics with equity-like participation.

However, these developments occur against a backdrop of significant documented risks. The cryptocurrency market experienced a catastrophic collapse in 2022 resulting in approximately $2 trillion in aggregate value loss. This downturn triggered bankruptcies among major industry participants, most notably FTX, one of the largest cryptocurrency exchanges globally. The collapse exposed widespread fraud as a systemic problem within the sector. Cryptocurrency remains highly speculative, characterized by dramatic price volatility, substantial intraday swings, and potential liquidity constraints—factors that pose material risks to public fund management. Additionally, crypto assets generally lack classification as registered securities, creating regulatory ambiguity and investor protection gaps. The Government Finance Officers Association issued formal guidance in 2022 warning municipal governments against cryptocurrency investments or adoption as payment methods, citing these structural vulnerabilities and their incompatibility with prudent public finance stewardship.

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Sources

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Afslaw Crypto and the Muni Market: Why Are Some States Investing in and Promoting Crypto? - ArentFox Schiff