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Court News Ohio
Federal Law
Makes Medical Marijuana Legal Services Out of Bounds in Ohio
August 11, 2016
Ohio lawyers may not ethically provide legal services to a client who
is establishing a medical marijuana business because of prohibitions in
federal law, the Board of Professional Conduct declared today in
anadvisory opinion.
Acts contrary to the Rules of Professional Conduct include assisting a
client in the filing of license applications, drafting of contracts for
supplies, corporate entity formation and transactions involving
taxation, zoning and entity formation, the Board said.
The Board also cautioned lawyers about the ethical implications
associated with the personal use of medical marijuana and involvement
by a lawyer in medical marijuana enterprises.
Lawyers are free to engage in certain legal services that do not
directly assist in conduct that is prohibited by federal law, the Board
said. Examples include representation of a client charged with
violating the state medical marijuana law; representation of an
employee in a wrongful discharge action related to the use of medical
marijuana; and aiding state and local governments in the regulation and
administration of state law.
A lawyer also may discuss the legal consequences of a client’s proposed
conduct and assist the client in the determining the validity, scope,
meaning and application of the law.
The Board of Professional Conduct is a quasi-judicial body appointed by
the Supreme Court of Ohio, comprised of 17 lawyers, seven active or
retired judges and four non-lawyers. Its advisory opinions are
non-binding and are issued in regard to the application of Supreme
Court Rules.
The Board’s opinion is in line with those of other jurisdictions,
including the states of Colorado, Maine, Connecticut and Hawaii. Many
of these jurisdictions have revised their attorney ethics rules to
permit lawyers to provide legal services to persons engaged in lawful
activities under their state’s medical marijuana laws.
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