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Mentioned in a recently blog that in many states attorneys could have an ethics violation for giving advice to set up a business that “legally” sells marijuana in a state because federal law prohibits the use of marijuana.  With the election that just finished 28 states now permit the use in one form or another of marijuana.

Was reading a recent article about an individual in Alaska, which now permits the use of marijuana, that was completing the Federal Firearms Application for purchasing a gun.  She was upset to find that question (11 e.) asks:

“e.   Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

So even if you are in a state that permits the use of marijuana, this being a federal application and legally use marijuana under state law, it is illegal under federal law.  Likely many attorneys filling out their initial application for a bar license, they could be tripped up by the same question.  Dentists and accountants may have similar issues when applying to the state for licenses.

Posted 1:25 PM

Tags: ethics
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