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Open Access. Powered by Scholars. Published by Universities.®

2016

St. Mary's University

Ethics

Chemicals and Drugs

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Full-Text Articles in Law

Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann May 2016

Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann

St. Mary's Journal on Legal Malpractice & Ethics

With many firms practicing in multiple states, a lawyer could represent a marijuana dispensary in a legalized state while practicing in a state, like Texas, which continues to criminalize the drug. This raises a question of whether Texas attorneys who make the bold attempt to assist a company that sells marijuana violate the rules of professional responsibility.

In Section II, this Comment examines the background of the criminalization of marijuana and looks into the movement to liberalize the laws surrounding it. Section III analyzes the rules of professional conduct in Texas and in Colorado to determine what a lawyer in …