You are a law clerk in the state of ANYWHERE, U.S., which has recently legalized the use of both medical, and recreational, marijuana. You work for a judge who hears cases about attorney discipline mainly, so you are expected to be an expert on the state and federal rules for attorneys.
On the side, you volunteer for an organization that works with attorneys in other states who are trying to change the laws to legalize where it is still a violation of law to possess, sell, consume, grow marijuana and also generally illegal to sell any items related to that consumption. The use of Marijuana and its related controlled substances is illegal under federal law. You heard about some memorandum of law from the Obama administration that spoke to how the U.S. Department of Justice would handle any issues related to marijuana usage, but you also think that was withdrawn during the last administration – and you are curious how the new administration will proceed.
Since marijuana has been legalized in your state, you use it regularly for medicating headaches, ADD, and other chronic pain issues. It has helped you more than any traditional medication, and even though you haven’t gotten your “medical card” yet – you have found that “recreational” purchases work great to help you function, alieviate pain, and battle insomnia.
ASSIGNMENT:
Your judge calls you into chambers, and tells you about a lawyer who is being brought up on disciplinary charges after another lawyer filed a complaint with the Bar, alleging the lawyer practices law related to “consulting for the cannabis trade” as well as having witnesses personally the attorney using small amounts of marijuana at a recent party. The complaint alleges the attorney should be disbarred for violating federal law, and also for counseling others how to change state law, and thereby possibly break the federal law, in other states.
Your judge comes to you and asks you to write a full legal memorandum discussing the issues presented, what rules and other laws/statutes she might need to take into account, as well as any case law that speaks to the issue and could be applied, and how she should proceed. Your analysis should include what you take from the sources you cite, and what each side may argue, the strength of those arguments, and why they prevail or fail. You should conclude with what the judge should decide, and why.