Fiduciary Investments in Cannabis Securities

41 Pages Posted: 6 Feb 2019 Last revised: 22 Mar 2019

Date Written: January 30, 2019


This paper analyzes whether an investment in cannabis securities would be a breach of fiduciary duty under fiduciary investment standards. This paper considers legality issues arising from marijuana-related securities under criminal statutes and securities laws and the prudence of investing in such securities under fiduciary investment principles, including the prudent investor rule.

Keywords: cannabis, marijuana, securities, SEC, FinCen, prudent investor, fiduciary, trustee, trust law, investment, ESG

Suggested Citation

Fein, Melanie L., Fiduciary Investments in Cannabis Securities (January 30, 2019). Available at SSRN: or

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