Criminal Law

Crim. Law Journal Winter/Spring 2017, Vol. 17, Issue 1


By Wendy L. Patrick**

Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. Despite strong voices in opposition, California voters rolled back the prohibitions to rolling a joint. Yet for California lawyers, who have a duty to "support the Constitution and laws of the United States and of this state" pursuant to California Business and Professions Code Section 6068(a) and related provisions, there is more to the story.

Although the solution to how to solve the state-federal law discrepancy with respect to marijuana use remains hazy, there are ethical opinions we can review for guidance to clear the air regarding the legal and ethical provisions at issue.

California Rule of Professional Conduct 1-100 states that, although not binding, lawyers should look at California ethics opinions, as well as ethics opinions, rules, and standards from other jurisdictions and bar associations for guidance on professional conduct.

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