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The rule of law depends on lawyers. That is why, in the wake of Attorney General Jeff Sessions’ decision to rescind Obama-era policies that sidestepped the tension between federal and state laws related to marijuana, a reasonable and critical step is to ensure that lawyers can help maintain that rule of law.

The issue that confronts attorneys flows from this unusual tension between state and federal law. Regardless of state law, marijuana remains a Schedule I controlled substance under federal law, and its possession, sale or distribution remains a federal felony. Reasonable minds can, of course, disagree on whether marijuana should be illegal. Separate and apart from that public policy debate, it is very clear that the federal Controlled Substances Act (the CSA) remains the operative and supreme law of the land, and marijuana is illegal.

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