Attorney Ethics, Conflicts, Disclosures, and Risks

An attorney who represents a client engaged in marijuana-related activity faces numerous ethical issues and risks. For example, the attorney might be charged with a crime, along with the client, for aiding and abetting a federal crime under 21 USC §846. The attorney must make appropriate disclosures to the client regarding such risks and potential conflicts of interest

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Congress Extends Limitations on Funding For DOJ’s Cannabis Prosecutions

By Hilary Bricken

Last week Congress extended the protections of the “Rohrabacher-Blumenauer Amendment,” which precludes the Department of Justice from spending funds to “prevent” any of the states “from implementing” their medical cannabis laws, despite the continuing schism between state and Federal laws on the status of cannabis as a controlled substance.

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Report Urges DOJ to Document Approach to Monitoring Effects of Marijuana Legalization and Challenge States Who Do Not Comply With DOJ Guidance

By Bonnie C. Maly, CEB Publications Attorney

A new report issued by the GAO has found that the DOJ did not document its monitoring process on the effects of marijuana legalization, as required by standards applicable to all federal agencies for establishing and maintaining internal controls

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