DOJ Memo on Medical Marijuana Says Prosecutions Possible
By Patricia Sallen, Director of Special Services and Ethics Deputy General Counsel
July 5, 2011
This memo does not alter the State Bar's recent Ethics Op. 11-01
concerning advising clients who request legal advice or assistance
with respect to activities under Arizona's Medical Marijuana Act.
As noted in Op. 11-01, the 2009 DOJ Memorandum had also previously
emphasized that the "prosecution of commercial enterprises that
unlawfully market and sell marijuana for profit continues to be an
enforcement priority of the DOJ." Op. 11-01 cautioned Arizona
lawyers that it did not address "whether the Act is or is not
available to the client as a defense for a violation of federal
law; or whether the lawyer's assistance to the client may expose
the lawyer to prosecution under federal law." The June 29,
2011 memo makes clear that attorneys in Arizona need to pay close
attention to evolving pronouncements by the DOJ and potential
enforcement actions in this area.
View memo here.
View Ethics Opinion 11-01 here.