Public Lawyers and Marijuana Regulation

Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution but also the more immediate risk of professional discipline. Elsewhere, we wrote about the difficult place in which lawyers find themselves when representing marijuana clients. We argued that while both the criminal law and the rules of professional conduct rightly require legal obedience from lawyers, other countervailing factors must be considered when evaluating lawyers’ representation of marijuana clients. In particular, we asserted that considerations of equity and access to justice weigh dispositively in favor of protecting lawyers who endeavor to help their clients comply with state marijuana laws, and we suggested means of interpreting relevant criminal law provisions and rules of professional conduct to achieve this result. This article builds on that analysis, taking on the particular issue of the public lawyer’s’ role in marijuana regulation. For government lawyers, the key issues in exercising discretion in the context of marijuana are not clients’ access to the law and equality but rather determining the clients’ wishes and serving them diligently and ethically. Lawyers representing state agencies, legislatures and the executive branch of government draft and interpret the rules and regulations regarding marijuana. Lawyers for federal, state and local governments then interpret those rules to determine the obligations and responsibilities of those they represent and to help their clients meet those obligations and carry out their required tasks. Both state and federal prosecutors are charged with determining what conduct remains illegal under the new rules and, perhaps more importantly, with exercising discretion regarding whom to prosecute and to what extent. Marijuana regulation is not a niche area of government regulation; it will influence the practice of virtually every public lawyer in the years to come. Public lawyers must understand the changes in marijuana law and the implications for government clients. Given the pervasiveness of the modern regulatory state, the situation is no easier — and, in many ways, it is more complicated — for public lawyers than it is for private ones. Public lawyers face myriad practice challenges with respect to marijuana law reform, and while we do not purport to identify and resolve all of the issues that are sure to arise in this short paper, we hope that the article helps alert public lawyers to some of the risks involved in participating in marijuana regulation so that they can think carefully about their obligations when these issues arise.

Louisville and Vicinity, Kentucky, 1955 (Raster Image)

This layer is a georeferenced raster image of the historic, topographic paper map entitled: Louisville and vicinity : prepared in cooperation with city, county, and state agencies, mapped by the Geological Survey and the Army Map Service. It was edited and published by the Geological Survey in 1957. Ed. of 1955. Scale 1:24,000. The image inside the map neatline is georeferenced to the surface of the earth and fit to the Kentucky North State Plane NAD 1927 coordinate system (in Feet) (Fipszone 1601). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This is a typical topographic map portraying both natural and manmade features. It shows and names works of nature, such as mountains, valleys, lakes, rivers, vegetation, etc. It also identify the principal works of humans, such as roads, railroads, boundaries, transmission lines, major buildings, etc. Relief is shown with standard contour intervals of 10 feet (with 5 foot supplementary intervals). This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

Educación y obra pública durante el primer peronismo : La construcción de escuelas en la provincia de Buenos Aires

Este artículo se propone analizar el Plan Integral de Edificación Escolar (PIEE) que se aprobó en la provincia de Buenos Aires en 1948. El estudio de los cambios que implicó en relación a los proyectos anteriores, y de los alcances y límites de su aplicación durante las gestiones de Domingo A. Mercante (1946-1952) y Carlos Aloé (1952-1955), permite señalar que la ejecución del plan de edificación que impactó de manera significativa en el número de establecimientos educativos fiscales, fue posible debido a una modificación en la inversión de los recursos y a la mayor intervención de las agencias estatales en la planificación de las edificaciones, relacionada con la mayor injerencia en el área educativa que adquirió el Estado provincial durante este periodo

Florida agricultural statistics.

Mode of access: Internet.

Soil survey.

Title from cover.

Alaska farm production.

Mode of access: Internet.

Affirmative action plan : fiscal year ... /

"The Human Rights Act consolidated three state agencies, the Fair Employment Practices Commission, the Department of Equal Employment Opportunity and the Commission on Human Relations into a unified cabinet level civil rights agency for the state, titled "Department of Human Rights."

Alcoholism Treatment Licensing Act and alcoholism and intoxication treatment programs : (77 Illinois Administrative Code 205 [i.e. 200]).

"These rules for the licensing of alcoholism treatment programs and facilities are numbered and labelled to follow the codification system for rules of all state agencies, which was developed in 1984"--Page 2.

Federal aid primary route 340 interstate route 55 to interstate route 80 Cook, DuPage, and Will Counties : final environmental impact statement and section 4(f) evaluation : submitted pursuant to 42 U.S.C. 4332(2)(c) and 49 U.S.C. 303 /

"FHWA-IL-EIS-93-03-D/4(F)"

Final legislative report : 97th General Assembly House Joint Resolution 50 /

House Joint Resolution (HJR) 50 created the Early Intervention Taskforce to partner with the Department of Human Services to undertake a comprehensive and thorough review of the Early Intervention system and develop recommendations and an action plan to address issues related to workforce, financing, monitoring and evaluation, service delivery and transitions. The Early Intervention Taskforce was chaired by the Department of Human Services, with membership defined in HJR 50 to include representation from state agencies, advocacy organizations, professional groups, Early intervention training and consultation groups, the Illinois Interagency Council on Early Intervention, Child and Family Connections managers/staff, and parents of children in the Early Intervention Program.

Groundwater protection field day : Waterloo Sportsman's Club, Waterloo, IL, May 25, 2006 /

Cover title.

Hispanic employment plan /

Updated annually with current demographic and employment statistics for the state of Illinois.

Human services plan

Issued as vol. 3 of a series of human resource plans issued by specific state agencies under the general title: Illinois human service plan.

Opportunities to enhance the purchase of environmentally preferable products : a report to the Illinois General Assembly.

State government purchases a wide array of goods and services, ranging from office supplies to motor vehicles to energy. While purchasing officials are working to get the maximum value out of each dollar they spend, products with reduced environmental impacts are becoming increasingly available in the marketplace to help state agencies meet the challenge of operating more efficiently. Known as environmentally preferable or "green," these products can save energy and water, reduce waste generation and improve the workplace environment. ... This report provides recommendations on steps Illinois state government can take to expand the purchase of products that have a reduced impact on human health and the environment, while maintaining fiscal responsibility. The report was prepared by the Interagency Working Group on Environmentally Preferable Purchasing, which was created by Governor Rod Blagojevich in response to House Resolution 797. The Working Group included representatives of the Capital Development Board; Department of Central Management Services; Department of Natural Resources, Department of Commerce and Economic Opportunity; Environmental Protection Agency; and Governor's Office of Management and Budget.

Performance audit [of] the Department of Healthcare and Family Services Prompt Payment Act Compliance and Medicaid Payment Process /

Contains performance audit of state moneys provided by or through Illinois state agencies to the Illinois Dept. of Healthcare and Family Services Prompt Payment Act Compliance and Medicaid Payment Process, under contracts or grant agreements in year 2007.