Currently 30 states and the District of Columbia have legalized marijuana in some manner. Eight states and the District of Columbia have legalized recreational marijuana, with California being the newest state to join the recreational ranks as of January 1, 2018. Massachusetts will join those states legalizing recreational cannabis in July 2018.

The Trump administration recently rescinded an Obama-era policy where federal enforcement of marijuana laws was discouraged. Attorney General Jeff Sessions’ policy is an about-face change to the failure to prosecute marijuana-related crimes. Essentially, Sessions gave federal prosecutors around the country more discretion to enforce federal law in marijuana cases, even in the states where it is legal.

North American marijuana sales grew by an unprecedented 30% in 2016 to $6.7 billion and are anticipated to exceed $20 billion by 2021. While the marijuana industry is booming, and with the recent indication of changes to prosecuting marijuana crimes under federal law, many questions remain regarding insurability under personal lines as well as commercial policies.