Ethics authorities in New York and Georgia recently issued opposing opinions on whether lawyers can represent clients in navigating what Justice Clarence Thomas last month called the “half-in, half-out regime” related to both recreational and medical marijuana, “a contradictory and unstable state of affairs” that “conceals traps for the unwary.” The issue, which we have
New legal ethics opinions: CA finally weighs in on pot; ABA opines on would-be clients
The eyes of the nation and of the world have been on crucial issues of racial inequity in the past few weeks following the death of George Floyd at the hands of police. These issues penetrate to the very essence of how we can maintain a just society — issues that likewise go to the
Lawyers can represent cannabis clients and still comply with state rules, NY ethics opinion says
Last month, the New York State Bar Association Committee on Professional Ethics issued Opinion 1177, reaffirming that the New York Rules of Professional Conduct “permit a lawyer to assist a client in conduct designed to comply with state medical marijuana law,” even though the client’s conduct is prohibited by federal narcotics laws.
Reaffirming an
Lawyers and marijuana: disciplinary cases on personal use highlight issues
We’ve written before about the intersection of legal ethics and marijuana, focusing on counseling clients in the marijuana space. But two recent disciplinary cases caught my eye, each involving lawyers’ personal marijuana use, and they highlight interesting issues.
Continue Reading Lawyers and marijuana: disciplinary cases on personal use highlight issues
Opinion that OH lawyers can’t aid medical marijuana businesses leads to possible rule change
The smoke might eventually clear for Ohio lawyers who hope to help clients engage in the medical marijuana industry after it becomes legal in the state on September 8. On August 17, the state supreme court said that it had “directed its staff to prepare a draft amendment to the Ohio Rules of Professional Conduct that would clarify the services attorneys can offer clients seeking to comply with the state’s new medical marijuana law.” The announcement follows the ruling 12 days earlier by the Board of Professional Conduct that Ohio lawyers can’t provide any legal services to help clients in connection with a medical marijuana enterprise.
Continue Reading Opinion that OH lawyers can’t aid medical marijuana businesses leads to possible rule change
Another bar association weighs in on legal ethics of advising clients on marijuana
Last year, we discussed the pitfalls of trying to cash in on the marijuana bandwagon.
We discussed both the seemingly inevitable grassroots movement toward legalization, but also the fact that the bars of several states had come to contradictory conclusions on attorneys’ ability to assist clients in grass-related business ventures, given that growing, possessing
Pot prescription does not make lawyer’s own use ethical, says North Dakota
We posted here in July about the legal ethics aspects of representing clients involved in the marijuana industry.
Now comes an ethics ruling from North Dakota about a lawyer’s own use of medical marijuana. The lawyer, living in North Dakota and licensed there, has a medical condition that qualifies the lawyer for medical marijuana treatment
Representing clients in the marijuana industry: greener grass?
The era of marijuana’s underground economy might be coming to an end. More than 20 states and the District of Columbia have legalized growing, processing, transporting, selling and/or using marijuana for medical purposes. Two states, Colorado and Washington, have also legalized recreational and personal use. The Department of Justice has made noises about backing off