Cannabis & Marijuana Law Lawyers

Cannabis and Marijuana Law Attorneys in the United States

Cannabis law is one of the fastest-changing areas of American law. Over 40 states have legalized some form of marijuana use, yet cannabis remains a Schedule I controlled substance under federal law. This conflict between state and federal regulation creates a complicated web of rules that affects individuals and businesses every day.

What Cannabis and Marijuana Law Covers

This practice area spans both the criminal and regulatory sides of marijuana law. On the criminal side, attorneys handle possession charges, distribution allegations, and federal trafficking cases. Penalties vary dramatically — a small amount of cannabis might be a civil fine in one jurisdiction and a felony in another.

On the business side, attorneys help clients obtain state cannabis licenses, maintain compliance with packaging and testing regulations, and structure companies to operate within banking restrictions. Tax law is a major concern because IRS Section 280E prevents cannabis businesses from deducting ordinary business expenses, creating effective tax rates that can exceed 70%.

When to Hire a Cannabis and Marijuana Lawyer

• You face criminal charges for possession, cultivation, or distribution of marijuana at the state or federal level
• You want to apply for a dispensary or cultivation license and need help with the application process
• Your cannabis business needs guidance on zoning, employment law, or regulatory compliance
• You are involved in a dispute over cannabis business ownership, contracts, or intellectual property
• Federal authorities have initiated an investigation or asset seizure related to your cannabis operations

How the Legal Process Works

Criminal marijuana cases follow standard criminal procedure — arraignment, discovery, potential plea negotiations, and trial if necessary. Many low-level possession cases qualify for diversion programs or expungement, especially as states reform their cannabis laws. According to FBI data, marijuana arrests have dropped roughly 50% since 2018 nationwide.

For business clients, the process starts with entity formation and license applications. Most states use a competitive licensing process with strict deadlines. Once operational, businesses face ongoing audits, inspections, and reporting requirements. An attorney typically reviews operations quarterly to prevent compliance violations that could result in license revocation.

How Financial Outcomes Are Determined

• Criminal penalties range from small fines under $100 for minor possession to millions of dollars and decades in prison for federal trafficking convictions
• Asset forfeiture cases are evaluated based on the government's ability to prove a connection between property and illegal activity — successful defense can recover seized cash, vehicles, and real estate
• Business licensing disputes may involve recovery of application fees, lost revenue during suspensions, and damages from wrongful denial
• Tax disputes under Section 280E are calculated by determining which expenses qualify as cost of goods sold versus disallowed deductions

Frequently Asked Questions

Can I face federal charges even if marijuana is legal in my state?

Yes. Federal law still classifies marijuana as illegal regardless of state laws. Federal prosecutors generally focus on large-scale operations, interstate trafficking, or cases involving firearms. But the risk exists for anyone in the cannabis industry, and federal convictions carry mandatory minimum sentences in many cases.

Can old marijuana convictions be removed from my record?

Many states now offer expungement or automatic record clearing for past marijuana offenses. Eligibility depends on the specific charge, when the conviction occurred, and your state's reform laws. Some states have cleared hundreds of thousands of records already, but the process often still requires filing a petition with the court.