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While conflicts between state and federal laws may preclude certain contractual and other liabilities arising from the business interactions between market participants, as Sensoria demonstrates, courts may be hesitant to apply such liability hurdles to claims against professionals who service the industry. (Credit: StunningArt/Shutterstock) While conflicts between state and federal laws may preclude certain contractual and other liabilities arising from the business interactions between market participants, as Sensoria demonstrates, courts may be hesitant to apply such liability hurdles to claims against professionals who service the industry. (Credit: StunningArt/Shutterstock)

Entrepreneurs and industries of all stripes across the nation are excited about the business and professional opportunities presented by the legalization of marijuana for both medical and recreational purposes at the state level. Currently, 18 states and Washington, D.C., have legalized recreational marijuana in some capacity (though some programs are not yet operational), while 36 states and Washington, D.C., have legalized medical marijuana. Nevertheless, it is critical to remember that marijuana remains illegal under the Controlled Substances Act (CSA) and continues to be listed as a Schedule I drug (in the company of heroin and LSD).

The conflict between state and federal laws regarding marijuana remains a persistent source of confusion, not only for the marijuana industry but also for the professionals upon which the industry relies for everything from legal and accounting support to insurance/risk management and security needs.

 

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