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Steven Cash Co-Authors American Bar Association Resolution on Protecting Cannabis Attorneys

Publisher: American Bar Association (ABA), Tort Trial and Insurance Section
February 13, 2020
Day Pitney Author(s) Steven A. Cash

Steven Cash, co-chair of Day Pitney's Regulated Substances practice group, co-authored a resolution for the American Bar Association (ABA), Tort Trial and Insurance Section, urging Congress "to enact legislation to clarify and explicitly ensure that it shall not constitute a federal crime for lawyers, consistent with state, territorial, and tribal ethical rules, to provide legal advice and services to clients regarding marijuana-related activities that are in compliance with state, territorial, and tribal law."

Resolution 103B was drafted amid lawyers' growing concerns over providing legal services to cannabis industry clients in states where marijuana has been legalized although it is still in violation of federal criminal law. Cash told Law360, which reported on the resolution, that "The firm [Day Pitney], like other firms, has a real concern about engaging in conduct that might be a 'technical' violation of law," adding, "A lot of lawyers have that concern."

The resolution will be considered by the ABA's House of Delegates at their bi-annual meeting in Austin, TX on February 16.

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