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Complex Marijuana Laws Leave Lawyers in Legal Limbo

Publisher: New York Law Journal
March 11, 2020
Day Pitney Author(s) Steven A. Cash

​The New York Law Journal and published a commentary written by DC counsel Steven Cash, who co-leads the firm's Regulated Substance Practices Group.  In "Complex Marijuana Laws Leave Lawyers in Legal Limbo," Cash outlines the legal and ethical dilemma facing lawyers asked to provide counsel to clients in the growing state-legal cannabis industry. Because cannabis has been legalized and regulated in more than half of the states, but remains unlawful under federal law, lawyers who aid clients in compliance run the risk of prosecution under federal law. Although these risks appear small (under the current Administration), the tension creates ethical issues of concern. Cash argues that Congress should step in and resolve these issues, and make clear that lawyers providing legal services under state law are not violating federal law.

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