At Webb & Schtul, we believe in providing complete, comprehensive, and honest advice to our clients in any area of the law. This principle is especially important in the as yet unsettled area of medical marijuana, particularly as relates to those engaged in, or seeking to engage in, the business of providing medical marijuana to patients and their primary care-givers.
We distinguish ourselves from many other medical marijuana lawyers especially in regard to one particular. We do not advise our clients that they are immune from federal or state prosecution; rather, we caution that, even with the Justice Department’s stated position on the subject, there is still substantial risk of federal prosecution as well as state prosecution, because state law currently does not legalize the sale of medical marijuana or provide any solid, valid affirmative defense.
Similarly, it is our view that pending legislative action, the various municipalities are indeed well-positioned to institute outright bans and/or moratoria on the licensing of dispensaries. While this position is inconsistent with the desires of those who operate dispensaries, it is a legal conclusion founded on principled, intellectually honest analysis of current law.
We believe that taking this approach enables us to have an impact on the result of current legislative efforts. Because we have earned credibility through our analytical approach, we believe we are positioned to have an influential voice in the legislative debate to try to ensure that legislation coming out of the 2010general assembly adequately and fairly addresses the needs of patients, as well as the concerns of the broader community. At the end of the day, dispensary owners and all others involved should have clear and unequivocal rights, duties, liabilities and obligations that are well-founded in the law.
We also believe legislation should address a plethora of related legal issues, such as the impact of medical marijuana on the employer-employee relationship, the landlord-tenant relationship (both commercial and residential) and myriad other legal relationships.
Pending the adoption of legislation, whatever your decision might be after full, complete and honest consultation, you can count on the lawyers at Webb & Schtul to competently advise and assist you with respect to every business-related necessity, as well as defense from criminal prosecution, should that ever be necessary.
Please consult our website for scholarly articles prepared by this firm’s lawyers, our synopsis of Senator Romer’s proposed bill, and other pertinent information.
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