Though the recreational use of marijuana is legalized in some states, marijuana possession, sale, and use is illegal under federal criminal statutes. This creates risks for attorneys who advise or counsel clients who engage in the marijuana industry. These articles address prosecutions of attorneys for operating outside their respective state or federal laws.
Conflicts Between State and Federal Law Department of Justice Memoranda Liability Under State and Local Law Recommended Resources
State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas US Federal Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Subject Conflicts Between State and Federal Law Department of Justice Memoranda Liability Under Federal Law Liability Under State and Local Law Recommended Resources
California Municipal Law Handbook: 9.47 Medical Marijuana This excerpt from CEB's California Municipal Law Handbook discusses limited defenses under the Compassionate Use Act and the Medical Marijuana Program Act.
California Municipal Law Handbook: 9.51 Federal Controlled Substances Act This excerpt from CEB's California Municipal Law Handbook discusses whether or not the Controlled Substances Act preempts California law.
MEMORANDUM: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use (Cole I) By US Department of Justice
MEMORANDUM: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana (Ogden) By US Department of Justice
The Do’s and Don’ts of Cultivating Clients in the Marijuana Field By Allison B. Margolin, Margolin and Lawrence Before you represent California clients in marijuana-related businesses, you should consider these tips.
New Pot Bar Has Some Lawyers Seeing Green By Nell Gluckman After going live last week, the National Cannabis Bar Association began luring lawyers nationwide into its ranks. (Subscription Required)
Long Beach Attorney Richard Brizendine Pleads Guilty to Marijuana-Related Money Laundering, Conspiracy By Andrew Edwards
Current Issues in Medical Marijuana Regulation: Representing Growers and Cultivators (MCLE) The first panel of this CEB's conference discusses issues attorneys face in representing growers and cultivators in California.
Medical Marijuana and States Rights: Pot Dispensary Owner Faces 10 Years in Jail for Violating Federal Laws By Wes Woods II
Web site: FindLaw's Marijuana Legalization and Decriminalization Overview Read on to learn more about the differences between marijuana legalization and decriminalization.
Web Site: America's Weed Rush This investigation of marijuana legalization in America is the 2015 project of the Carnegie-Knight News21 program, a national multimedia investigative reporting project produced by the nation’s top journalism students and graduates.