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Is weed now something I need to include in my estate plan?

On Behalf of | Apr 17, 2024 | Estate Planning News

Now that weed is fully legal throughout the state, many novel issues have arisen. And, the shifting legal landscape of cannabis in Colorado poses unique challenges for estate planning. From personal possession to business ownership, integrating cannabis into your estate plan requires careful consideration of state laws and regulations.

Cannabis: a property perspective

In Colorado, cannabis is regarded as personal property, akin to any other asset. This means it can be passed on to heirs or beneficiaries, but within the constraints of state regulations. For instance, individuals must factor in possession limits when planning the transfer of personal cannabis collections.

Managing live cannabis plants

The cultivation of cannabis plants for personal use adds layers of complexity. While permitted under Colorado law, transferring live plants after one’s passing can trigger legal complications. Estate plans should address how these plants will be managed, ensuring compliance with regulations and avoiding potential legal issues.

Estate planning for cannabis businesses

Owners of cannabis businesses face additional challenges in estate planning. Recent legislation allows for the appointment of representatives to manage businesses in the owner’s absence. Your estate plan must specify your preferred appointees. This is crucial for a smooth transition of business operations.


If you have embraced weed culture with its legalization in Colorado, you should include that in your estate planning. However, estate planning involving cannabis demands a nuanced approach, regardless of whether it is for personal use, cultivation or business operations. Staying abreast of evolving laws and regulations is essential for Colorado residents navigating the green landscape of cannabis.