The legal regulation of marijuana is in a state of flux in the United States. During the past dozen or so years, 18 states and the District of Columbia have passed measures permitting the use of marijuana for medical purposes. In the fall of 2012, two states — Colorado and Washington — went a step further and decriminalized entirely possession of less than an ounce of the drug. However, under federal law, marijuana remains a Schedule I narcotic; its manufacture and sale remain punishable by up to life in prison.

The contradictory legal status of marijuana in these states makes it difficult for individuals and businesses to conform their behavior to the law. It also creates particular legal and ethical quandaries for lawyers. Because growing and selling marijuana are serious violations of federal law, an attorney engaged by a marijuana business is necessarily putting herself at risk.