Photo: Shutterstock NYSBA Gives Lawyers Green Light to Counsel and Partake in Recreational Marijuana Market
Opinion 1225 provides welcome guidance not only to attorneys practicing within the state, but also to a burgeoning industry looking for legal guidance in navigating the rigorous regulatory minefields that come with state level legalization of marijuana.
August 02, 2021 at 11:25 AM
8 minute read
In March, Gov. Andrew Cuomo signed the Marijuana Regulation and Tax Act (MRTA) into law. MRTA, among other things, legalized the use of recreational marijuana for adults aged 21 and over. Moreover, MRTA outlined a broad regulatory structure through which recreational marijuana will be cultivated, distributed, sold, and consumed. MRTA also permits individuals to grow cannabis plants at home, subject to certain regulations and limitations. Since marijuana remains illegal under federal narcotics law (see Controlled Substance Act, 21 U.S.C. 812), large questions loomed for New York attorneys as to whether they could provide legal services to the wide-range of clients that are already (or plan to be) engaged in activities authorized by MRTA and/or for attorneys to otherwise engage in conduct permitted under MRTA, which would be illegal under federal law.
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