Those that are considering providing services to clients and customers in the nascent marijuana industry should be cautious in this area. Even though many states have legalized medical and/or recreational marijuana to some degree, the fact remains that marijuana is illegal as a controlled substance under federal law, and there are companion laws prohibiting the aiding and abetting of those who engage in violations in the Controlled Substances Act. Until changes in federal laws are enacted, those that provide services to marijuana businesses do so at the discretion of federal prosecutors. Many service providers have additional standards and rules that need to be observed. For example, lawyers, in addition to being at risk for prosecution for the underlying drug offense, have the additional risk of violating ethics rules that prohibit attorneys from advising clients snagged in illegal activity.
