Estate Planning for Mary Jane and Other Marijuana Users

Gerry W. Beyer and Brooke Dacus
Legalized Pot

Legalized Pot

The article describes the impact on estate planning caused by the increased legalization of medical and recreational marijuana.

An estate planner is more likely to encounter a client who regularly uses marijuana than a client who needs estate and gift tax planning, given that 55 million Americans are current users. Christopher Ingraham, How Many Americans Regularly Use Pot: The Number Is, errr, Higher Than You Think, Wash. Post, Apr. 20, 2018. At least 32 states and the District of Columbia currently exempt qualified users of medicinal marijuana from penalties imposed under state law. Additionally, ten states, Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington, and the District of Columbia authorize purely recreational use. See Legal Recreational Marijuana States and DC, ProCon.org (last visited Nov. 11, 2018). Accordingly, practitioners need to be aware of the interface between marijuana and estate planning.

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