Smoke on the Water: Representing Grow Operations

Lyons Gaddis water lawyers have been asked by several of the firm’s clients to advise them on providing water to marijuana-related businesses cultivating marijuana in “grow operations.”  These matters are complicated by the fact that the cultivation and sale of marijuana remains illegal under federal law. Under the aiding and abetting doctrine of criminal law, persons or entities providing water to these businesses could be subject to a federal prosecution.

Lyons Gaddis attorneys Jeff Kahn and Matt Machado recently spoke to state and local bar associations regarding the legal and ethical implications of providing legal representation to water providers in negotiating sales or leases of water for grow operations.  Mr. Kahn’s presentation to the Colorado Bar Association, Water Law Section (available here) covered topics including the lack of clear direction provided by the Cole Memorandum and the Bureau of Reclamation policy regarding the use of reclaimed water for activities prohibited by the Controlled Substances Act.  Matt Machado participated in a panel at the Boulder County Bar Association Bench Bar Retreat, and discussed ethical requirements for lawyers representing marijuana-related businesses.  This is a new area of the law that continues to evolve rapidly.  If you have questions in this area of water law, please contact , Jeff Kahn or Matt Machado.