Steven Cash, co-chair of Day Pitney's Regulated Substances practice group, co-authored a resolution for the American Bar Association (ABA), Tort Trial and Insurance Section, urging Congress "to enact legislation to clarify and explicitly ensure that it shall not constitute a federal crime for lawyers, consistent with state, territorial, and tribal ethical rules, to provide legal advice and services to clients regarding marijuana-related activities that are in compliance with state, territorial, and tribal law."
Resolution 103B was drafted amid lawyers' growing concerns over providing legal services to cannabis industry clients in states where marijuana has been legalized although it is still in violation of federal criminal law. Cash told Law360, which reported on the resolution, that "The firm [Day Pitney], like other firms, has a real concern about engaging in conduct that might be a 'technical' violation of law," adding, "A lot of lawyers have that concern."
The resolution will be considered by the ABA's House of Delegates at their bi-annual meeting in Austin, TX on February 16.
Day Pitney Commercial Litigation and White Collar Partner Naju R. Lathia and Employment and Labor and Regulated Substances Attorney Daniel Pierre authored the article, "Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours," for the New Jersey Law Journal.
On February 16, at the American Bar Association (ABA) midyear meeting, the ABA House of Delegates adopted Resolution 103B, co-authored by Steven Cash, urging federal legislation to protect lawyers from criminal liability for providing services to state-legalized marijuana businesses.