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54 U.S.F. L. Rev. F. 1 (2019-2020)

handle is hein.journals/usfor54 and id is 1 raw text is: Taking the High Road: An Attorney's Professional Responsibilities in the Cannabis Industry ByCINDER ELLA CANCILLA LIKE THE DAWN OF A NEW ERA IS BOTH LIT AND DARK, the cannabis space in California is both revered and barred. Although endorsed by state law, can- nabis remains federally prohibited.' With conflicting laws operating within Cal- iforia, an attorney's adherence to professional responsibilities becomes hazy. This Comment provides clarity on how conflicts between state and federal laws significantly affect the duties of an attorney advising a client engaged in commercial cannabis activities (where adherence to those duties is problem- atic), particularly the associated risks of federal liability. In 2018, California legalized the medicinal and adult use of cannabis through the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). 2MAUCRSA established a comprehensive system to control and regulate the cultivation, distribution, transportation, storage, manufactur- ing, possession, and sale of both medicinal- and adult-use cannabis. Essen- tially, any cannabis-related commercial activity conducted in compliance with MAUCRSA and local regulations as well as all contracts and transactions sur- rounding cannabis are deemed lawful and legally enforceable.' Conversely, pursuant to the United States Controlled Substances Act (CSA) enacted in 1970, knowingly or intentionally committing or conspiring to manufacture, distribute, dispense, or possess cannabis remains federally unlawfil. Accord- ingly, if committed in compliance with MAUCRSA, commercial activity re- lated to the medicinal or adult use of cannabis is legal under California law but necessarily violates federal law under CSA; thus, leaving federal law, CSA, and 1. See 21 U.S.C. S 841(a)(1) (2012) (making it illegal to do any of specified acts when con- trolled substances are involved); see 21 U.S.C. S 802(6) (2018) (listing controlled substances as sched- tile I drugs and including marijuana in that list). 2. See CAL. Bus. & PROF. CODE S 26000(b) (West 2017). 3. See id. 4. CAL. CIV. CODE § 1550.5(b) (West Supp. 2019). 5. 21 U.S.C. S 841(a)(1); 21 U.S.C. § 802(6). 1

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