Young person smoking marijuana. Photo: Shutterstock.com

As the public awaits a possible vote on legalizing marijuana in the Nutmeg State this year, attorneys are looking on with special interest.

Observers say legalizing cannabis would affect criminal defense attorneys, corporate and regulatory lawyers, industry and labor attorneys, and litigators across several practice areas.

In fact, Hartford solo practitioner DeVaughn Ward said every attorney in the state should pay close attention to what the Connecticut Legislature does in the first half of 2020.

"All attorneys will be affected in some way," said Ward, senior legislative counsel of the Marijuana Policy Project, which advocates for governments to tax and regulate marijuana in a manner similar to alcohol. "Even if you do civil litigation, I imagine at some point you will end up litigating a person or business with a tie-in to cannabis. If passed, this will be an emerging industry in Connecticut and will touch every facet of the law."

Ward said attorneys have adopted a wait-and-see approach. The Connecticut General Assembly was set to vote on legalizing recreational marijuana use last year, but ran out of time during the session, and the proposal never made it to the floor for a vote. 

"I think that a lot of practitioners are really waiting to see what the Legislature passes to be able to better advise their clients," Ward said.

Pullman & Comley member Steven Stafstrom Jr., who chairs the House Judiciary Committee, told the Connecticut Law Tribune Friday the odds of passage in the 2020 legislative session are "better than they were last year."

A strong proponent of recreational legalization, Stafstrom said the change would have far-reaching tentacles.

"This would affect a wide range of attorneys," he said.

Beyond the changes in criminal law, employment lawyers would need to pay attention to their clients' policies and corporate document language to advise employers on how to properly regulate cannabis within their businesses. Corporate and regulatory lawyers would need to be able to educate clients on licenses to grow or sell, while tax attorneys and banking lawyers would pay attention to financial and tax implications.

Stafstrom said he's heard from "more lawyers in favor of legalization, than those opposed."

"They know cannabis is on our doorsteps in the form of legalization in neighboring states," he said.

Recreational marijuana is legal in Massachusetts and, in New York, legislators are looking at several bills.

In Connecticut, government estimates indicate recreational marijuana could generate upward of $30 million in tax revenue in the first year, according to the state General Assembly's nonpartisan Office of Fiscal Analysis.

Bloomfield solo practitioner Aaron Romano, a supporter of recreational cannabis use, said he believes lawyers should be at the table from the onset.

"Attorneys should be involved in the legislative process, and not just wait until it happens," Romano said. "Those attorneys should contact their local legislators and volunteer their time, and tell their legislators they'd like to be a part of the process."

But there are critics who oppose the legalization of recreational marijuana.

Among them Vincent Candelora, a Republican representative in the state Legislature.

"Just look at Colorado, which has had recreational marijuana for several years," Candelora told the Connecticut Law Tribune in a recent interview. "The statistics there show a big negative impact. Car fatalities have increased and homelessness has increased."

The legislative session began Wednesday and ends May 6.

Related stories:

NY and Conn. Governors Team Up to Tackle Cannabis, Vaping

Connecticut Lawyers React to Failed Marijuana Legalization Efforts