Marijuana is legal recreationally in over one-third of states. It is legal medicinally over two-thirds of states. However, it remains illegal in several locations and is also prohibited by the federal government.
As a result of this ‘green rush’ in legalization, the legal field has added a new specialty: The ‘marijuana attorney.’ Even so, larger law firms are proving resistant to the change, with many refusing to provide services to prospective clients. This is because cannabis remains a Schedule I drug as per the Controlled Substances Act of 1970.
Hundreds of thousands of people are arrested and charged with a crime relating to cannabis each year. Depending on the state and the nature of the charge, defendants could face jail time or at least a conviction that goes on their permanent record. They need legal assistance to help them get the best possible outcome.
In this article, we will provide you with the names of prominent and reliable marijuana attorneys in the following fields of practice:
- Possession
- Cultivation
- Medical Marijuana
- Dispensaries
First, let’s help you narrow your search.
What to Look for in a Marijuana Lawyer
Whisper it quietly, but the legal field is rife with people more interested in taking your cash than helping you win. Marijuana law is constantly changing. Only someone who has taken it on as an area of specialization is likely to fulfill your needs. A typical law firm is unlikely to represent your best interests.
Relationships with regulators are almost as important as knowledge of the regulations.
In an ideal world, you will find someone with knowledge of the inner workings of state and local governments, along with marijuana laws in your state. In the world of cannabis law, relationships with regulators are almost as important as knowledge of the regulations. Therefore, you need to find someone with connections.
If you have a little knowledge of cannabis law, quiz the prospective attorney. If they are unable to build upon what you just said, steer clear. How can they defend you if they know only as much, or even less than you do about marijuana law? It would also help if you found someone with a good base in criminal and/or business law.
Marijuana Possession Lawyers
As there are still numerous states where it is illegal to consume marijuana medicinally, getting caught in possession can carry a severe punishment. In Alabama, for example, first-time personal use is a misdemeanor punishable by up to a year in prison. Possession in the Second Degree is classified as a Class C felony, which is punishable with up to 10 years in prison!
In Texas, possession of fewer than two ounces could land you in jail for 180 days. Texas law is also very strict on concentrates. Possession of under one gram is a felony if convicted, with a punishment of up to two years in prison.
In Arkansas, you are allowed a certain amount of cannabis with a Medical Marijuana (MMJ) Card. However, if you are caught in possession of under four ounces, you could get up to a year in prison. Second-time offenders could spend up to six years in prison.
As a result, you need to find a reputable marijuana attorney specializing in helping clients arrested on possession charges. Riley & Wells in Virginia is one example.
Cultivation Lawyers
The stakes are much higher if you’re arrested on a cultivation charge. Not every state that has legalized marijuana allows you to grow it at home. In Louisiana, for example, medical marijuana is legal, but we can’t say the same for cultivation. The state’s penalties for growing marijuana are the same as for selling. For example, a first-time offender could receive fines of up to $50,000 along with anywhere from 5 to 30 years in prison!
In Texas, cultivation is punished based on the aggregate weight of the plants found. It is an offense where the sentence is along the lines of what you would receive for possession. Let’s say you grow five plants, and they produce an average of 18 ounces each. Your total of 90 ounces is over the five-pound limit, where the penalty goes from 2 years in prison to 10 years!
In Louisiana, look for Dylan T. Heard of Mueller, Merritt & Heard, or Robert Stephen Toale. MJ Business Attorneys is another important weed law firm as it is licensed in 15 U.S. states at the time of writing.
Medicinal Marijuana Lawyers
This is unquestionably one of the trickiest specializations because of the ever-changing laws. In the states where medicinal marijuana is legal, there are limits to how much you can grow and possess. Most states also have a specific list of qualifying conditions. In Arkansas, for example; the following medical conditions could result in you legally acquiring an MMJ card:
- Cancer
- Glaucoma
- Hepatitis C
- Crohn’s disease
- PTSD
- Severe arthritis
- Fibromyalgia
Unfortunately, there are countless cases where patients are wrongfully charged for offenses relating to medical marijuana. This includes possession, cultivation, consumption, driving under the influence, privacy issues, property rights, and civil forfeiture. If your medical marijuana rights are violated, you need to contact a law firm such as McAllister Garfield, P.C. It has offices in California and Colorado, among other locations.
The issue of primary caregiver is also a complicated one. In Colorado, for example, Amendment 20 authorized caregivers to provide medical marijuana to patients with qualifying medical conditions. As caregivers are strictly regulated on a local and state level, they are often incorrectly targeted by law enforcement.
If you are in this position, you need to contact a licensed marijuana attorney as they will provide you with a detailed consultation on all aspects of legal compliance.
Price Benowitz LLP (operating in Washington D.C., Maryland, New York, and Virginia) is another MMJ attorney worth considering.
Marijuana Lawyers for Sellers & Dispensaries
The stiffest penalties are reserved for those convicted of illegally selling or trafficking marijuana. In Texas, for example, the sale of more than five pounds will result in a prison sentence ranging from 2 to 20 years. The sale of more than 50 pounds could effectively result in a life sentence of 99 years, with a mandatory minimum prison sentence of five years.
Dispensaries have to obtain licenses, set up proper business structures, and connect with local and state officials.
Even in states where it is legal for licensed dispensaries to sell marijuana, these businesses face a complicated legal framework. They have to obtain licenses, set up proper business structures, and connect with local and state officials. Attorneys such as Ariel Clark of Clark Neubert LLP in California and Wing Parisi in Sacramento can help dispensaries navigate the complexities of marijuana law.
Final Thoughts on Marijuana Attorneys
Before we provide you with a list of marijuana lawyers in every state, we would like to highlight the importance of educating yourself in cannabis law. Whether you are consuming it recreationally or medicinally or growing it at home, you must learn more about your state laws before you get into trouble.
There is a variety of online courses worth considering if you wish to expand your knowledge. These include:
- The Physiology of Cannabis at UC Davis
- The Marijuana Law, Policy, and Reform Seminar at The Ohio State University
- Representing the Marijuana Client at The University of Denver.
Without further ado, here are some marijuana attorneys to consider according to the state where you live.
List of Marijuana Lawyers by State
Alabama
Kate Furek
Adele Underwood
Robin C. Wolfe
Alaska
Joseph Raymond Skrha
Denali Law Group
Jana Wetzin
Arizona
Thomas W Dean
Jason D Lamm
Jamal F Allen
Arkansas
John Wesley Hall Jr.
Natalie Hyman
W. Whitfield Hyman
California
Rod S. Berman
Lauren Kelly Johnson
Aaron A. Pelley
Colorado
Clifton Black
Sarah Schielke Esq.
Ann Toney
Connecticut
Elia Gregory Cerritelli
John Francis O’Brien
Nicholas Paindiris
Delaware
Tom Donovan
Offit Kurman
Michael W. Modica
Florida
Matthew Ginder
Michael C Minardi
Dustin Robinson
Georgia
David S. Ballard
Stacey Goad
Patrick Kunes
Hawaii
James DiPasquale
William Harrison
Geraldo Scatena
Idaho
JW Bond
Law Office of Mitchell R. Aguilar
Nicolas Vernon Vieth
Illinois
Merrill K. Davis
Brian Morgan
William Wolf
Indiana
Julie Chambers
Bradley Keffer
Paul Stanko
Iowa
Aaron Hamrock
Keith Rigg
Dean A. Stowers
Kansas
John Dedon
Robert C. Gigstad
Brian Leininger
Kentucky
Patrick S McClure
Nathan Miller – Suhre & Associates
Aleah Schutze – Steptoe & Johnson
Louisiana
Christopher Carbine
Daryl Gold
Jonathan Wasielewski
Maine
Michelle DelMar Esq.
Regan A. Sweeney
Timothy Zerillo
Maryland
Devin Shamir Luqman
Morgan E. Leigh
Michael S. Rothman
Massachusetts
Marvin Cable
Abe Cohn
Patrick Donavan
Michigan
Michael J. Boyle
Lisa Dwyer
Frances Murphy
Minnesota
Kirk Matthew Anderson
Thomas C Gallagher
Catherine Trevino
Mississippi
Vic Carmody Jr.
Kevin Wayne Frye
Kevin Stewart
Missouri
Brendan Block
Joani Harshman
James P. Feely Jr.
Montana
Briana E. Kottke
Carl Jensen Jr.
Cammi Woodward – Woodward Law Firm
Nebraska
John Stevens Berry Sr.
Eric R. Chandler
Marnie Jensen
Nevada
Derek J. Connor
Nicholas M. Woolridge
William J. Routsis
New Hampshire
Paul Garrity
Mark Osborne
Joseph R. Russell
New Jersey
Adam Blaier
Frank T. Luciano
Anthony N. Palumbo Esq.
New Mexico
Carlos Martinez
David C Serna
McKenzie St. Denis
New York
Daniel A. Johnston
George Hildebrandt
Christopher J. Milne
North Carolina
Dylan Greenwood
Wiley Nickel
Ryan M. Stowe
North Dakota
Scott Patrick Brand
Adam Justinger
James Martens
Ohio
Joel Allen Holt
David A. Ingram
Brian Joslyn
Oklahoma
Donald E. Gies III
Logan Michael Jones
Jeff Trevillion Jr.
Oregon
Damien Donnelly-Cole
Michael R. Hughes
Craig W. Russell
Pennsylvania
Joseph Dominick Caraciolo
Andrew Sacks
Michael J. Skinner
Rhode Island
Lisa Holley
Stefanie Murphy
Francis Patriarca
South Carolina
John W. Molony
Steve Wayne Sumner
Freddy Woods
South Dakota
Patrick Duffy
Ellery Grey
Eric M. Schlimgen
Tennessee
Joseph W. Fuson
George Frank Lannom
Cayley Turrin
Texas
Rick Cofer
Brian Corrigan
Kimberley Griffin Tucker
Utah
Amy N. Fowler
Mark Moffat
Jerry Salcido
Vermont
Timothy Bryon Fair
Andrew Subin
Paul S. Volk
Virginia
Abraham Del Rio III
Michael A. Robinson
Taite Westendorf
Washington
Linda Medeiros Callahan
Megan M. Dunn
Ammon John Ford
West Virginia
Gregory J. Campbell
Morgan Hayes
Harley Wagner
Wisconsin
Sydne French
Teuta Jonuzi
Kirk B. Obear
Wyoming
Dion James Custis
Linda Elizabeth Devine
Sarah Jacobs-Manwarren
Washington D.C.
Alexandro Gianes Cardozo
Brian J. Malkin
Joseph A. Scrofano Esq.