PHILADELPHIA (AP) — A number of Philadelphia-area law firms are setting up practices to serve the cannabis industry despite concerns of an uncertain future.
Many of the city’s biggest law firms — including Duane Morris, Fox Rothschild and Cozen O’Connor — have recently established practices to serve the cannabis industry as Pennsylvania gears up to make medical marijuana available to patients by early 2018.
The Philadelphia Inquirer reported (http://bit.ly/2vS4Pm3 ) the uncertainty comes from the apparent disconnect between state and federal laws.
Marijuana has been legalized in some form by legislatures in 26 states. But federal law — under the supremacy clause of the U.S. Constitution — supersedes all state laws.
It remains a federal crime to possess, grow, distribute or prescribe marijuana in any form.
Joseph Bedwick, a partner at Cozen O’Connor, said there is a lot of uncertainty at the moment for new cannabis law practices. “At any moment, theoretically, they can say, ‘We’re going to crack down on this,'” he said.
Joshua Horn, co-chairman of the cannabis practice at Fox Rothschild, is more optimistic. He said it’s unlikely the feds would shut down state-legal medical marijuana operations. He cited the current status of the law, current guidance from the U.S. Department of Justice and federal government budgetary constraints.
