How Attys Skirt The Rules To Get In The Cannabis Game

Law360 (February 27, 2020, 4:26 PM EST) -- As the number of states that have legalized some form of marijuana creeps up, many attorney ethics boards and state Supreme Courts have given attorneys the go-ahead to take on clients working within the state-legal, federally-illegal industry.

But several states haven't, leaving in place ethics platforms including a version of an American Bar Association model rule that bans attorneys from advising clients on "conduct that is criminal or fraudulent." The rule doesn't differentiate between federal and state laws — a tricky thing when you're dealing with an industry that is sort of in between.

Concerns about ethics — and criminality —...

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