Pubdate: Mon, 27 Apr 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Associated Press
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Sudhin Thanawala, Associated Press

LAWYERS TURN TO BUSINESS OF MARIJUANA

Legalization Brings Need for Advisement

SAN FRANCISCO (AP) - Lawyers and pot dealers have long intersected in 
criminal court, but as marijuana goes mainstream, attorneys have been 
working to keep sellers and growers legit.

Marijuana divisions are popping up at law firms to advise pot shops 
on where they can locate, what their websites can say and how to vet 
new clients.

"It's definitely something that established firms are dipping a toe 
into, though they are being very cautious, and rightly so," said Sam 
Kamin, a professor at the University of Denver Sturm College of Law 
who teaches a class about representing the marijuana industry.

Kamin said the firms see marijuana as a lucrative new industry, but 
still worry about the potential ethical and legal pitfalls - and how 
it will affect their reputations.

Marijuana has become a multi-billion-dollar industry. California and 
more than 20 other states have legalized the drug for medical use, 
and the pot business has gotten a boost from more recent approvals of 
recreational use in Alaska, Colorado, Oregon, Washington state and 
Washington, D.C. Pot advocates hope growth continues, as they push 
for voters to approve recreational pot in California, Arizona, 
Nevada, Maine and Massachusetts next year.

The drug remains illegal under federal law, however, and the American 
Bar Association's rules of professional conduct prohibit lawyers from 
assisting in criminal conduct.

With this in mind, attorneys say they focus on providing advice about 
what state marijuana laws do and don't allow, and decline to answer 
questions about how clients can bend the rules.

"We're not your consigliere. We're not an organized crime family," 
said Khurshid Khoja, a legalization advocate and founder of San 
Francisco-based Greenbridge Corporate Counsel. "We're legitimate 
business people."

Khoja's firm is among a new crop dedicated solely to marijuana 
clients, including packaging companies and investors. But for law 
firms with other practice areas, there is also concern about how 
non-pot clients will view their marijuana work.

At the Seattle, Washington-based law firm of Harris Moure, the 
marijuana practice group has a completely separate brand - Canna Law 
Group - with its own website.

"It was a calculated defense mechanism against the potential legal 
and reputational concerns," said Hilary Bricken, who heads up the 
group and boasts a unique accolade on her website - DOPE Magazine's 
attorney of the year.

Bricken started the practice group in 2010 and now brings in roughly 
$1 million of revenue to the firm each year, she said.

Marijuana law, in many ways, is no different from other legal 
practices, attorneys say. It involves contracts, real estate 
transactions, trademarks and regulatory compliance. What is unique, 
though, is the constant prospect of running afoul of the law.

For marijuana entrepreneurs, legal guidance can bring peace of mind.

Shy Sadis, 42, who has medical and recreational marijuana stores 
throughout Washington state, said Bricken has helped him trademark 
"The Joint," one of his store names, locate properties that would 
comply with the state's recreational marijuana rules and create forms 
that new patients must fill out.
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MAP posted-by: Jay Bergstrom