With the legalization of medical and recreational marijuana in almost half of the states, practitioners need to be aware of the interface between marijuana and estate planning. This Article provides a discussion of the major issues that arise in this context. After bringing readers current with the history of legalized marijuana, the Article focuses on how marijuana use may impact a user’s capacity to execute a will and other estate planning documents. The Article then examines other estate planning concerns such as will and trust provisions conditioning benefits on the non-use of “illegal drugs” and the impact of marijuana use on life insurance policies. The Article wraps up with a discussion of how an estate planner may deal with marijuana-based assets when planning an estate and how to value those assets after the owner has died
