The Denver City Council has created a special committee just for dealing with the nuts and bolts of implementing the new law allowing recreational marijuana use. And they run those meetings with a legal expert on hand. At a recent session, council members peppered a city attorney with questions about property rights and alcohol regulations and what is and isn’t legal, as they tried to make sound decisions about details like whether pot should be decriminalized for 18-year-olds. But marijuana businesses don’t necessarily have such easy access to counsel who can help them navigate these uncharted waters.
Lawyers are caught between the new state law that says marijuana is legal and federal law that still treats marijuana as an illegal drug. Earlier this year, the state bar association issued guidance saying lawyers who get deeply involved with ganga-preneurs are violating state ethics rules. Groups of local lawyers are lobbying the Colorado Supreme Court to update the guidance so they have more protection, but for now they’re operating in limbo.
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