May 132014
 May 13, 2014

Nevada medical Marijuana dispensariesAttorneys working with the cannabis industry in Nevada and elsewhere have long been in a somewhat “gray” area when advising clients violating federal law as federal preemption over state law potentially creating an ethics issue. Attorneys are not supposed to help their clients commit crimes, and since medical cannabis is still illegal federally, attorneys ran the risk of violating ethics rules that govern the attorney profession.

It’s worth noting that there hasn’t been a witch hunt against attorneys that counsel medical marijuana businesses. However, the fact that there’s even the possibility of an ethics violation has sent a chilling effect throughout the legal field. This has hindered the marijuana industry because some attorneys have refused to work with marijuana businesses while others would only work with such businesss in a a very limited capacity, such as helping with a lease (but not help with anything that remotely related to sales, such as a contract with a vendor).

The State of Nevada has recently amended the rules that govern their attorneys, allowing them to work with the industry. Per Las Vegas Review Journal:

“The new comment, added unanimously by the six members of the court who heard the request for guidance from the Nevada State Bar, says “a lawyer may counsel a client regarding the validity, scope and meaning of Nevada constitution Article 4, Section 38” which addresses the voter approved medical marijuana law.

“The comment also says a lawyer “may assist a client in conduct the lawyer reasonable believes is permitted by theses constitutional provisions and statutes, including regulations, orders, and other state or local provision implementing them. In these circumstances, the lawyer shall also advise the client regarding related federal law and policy.”

This is very significant for the emerging medical cannabis industry in Nevada. Nevada is in the process of issuing licenses for state-regulated dispensaries, which will hopefully open by the end of this year. Medical cannabis laws in Nevada are complex and it is an expensive process, and having the right to hire an attorney is vital to these businesses’ success. Hopefully more states follow suit and provide clarity for their state-licensed attorneys.

Source: International Cannabis Business Conference

international canna pro expo

Comments

comments

About Anthony Johnson

Anthony Johnson is the director of New Approach Oregon, the PAC responsible for Measure 91, that ended cannabis prohibition for all Oregon adults in 2014. In addition to helping organize the International Cannabis Business Conference & the Oregon Medical Marijuana Business Conference, he also serves as a Board Member of the National Cannabis Coalition, working to legalize cannabis across the country and Show-Me Cannabis Regulation, an organization specifically working to end cannabis prohibition in Missouri.As President of the University of Missouri Law School ACLU Chapter, Anthony co-authored the measures that legalized medical cannabis possession and decriminalized personal possession for all adults within the city limits of Columbia, Missouri, in 2004. Following law school, Anthony practiced criminal defense for two years before working full time in the political field to help improve and protect civil liberties.You can follow Anthony on Twitter and also friend him on Facebook by following the links below as he posts mostly about civil liberties and politics with dashes of sports, music, movies and whatnot.
Dissenting opinions are welcome, insults and personal attacks are discouraged and hate speech will not be tolerated. Spammers and people trying to buy or sell cannabis or any drugs will be banned. Read our comment policy and FAQ for more information

  One Response to “Nevada Attorneys Can Work With The Medical Marijuana Industry”

  1.  

    You always may use money.That is speech to.It is even free speech.Just pay you’re leaders.

 Leave a Reply