Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry -

Rhode Island Ethics Advisory Panel Op. 2017-01 -

Risk Management Issue: In a state that has legalized marijuana, notwithstanding the federal Controlled Substances Act, how far are lawyers permitted to go when asked to advise a client in connection with the marijuana industry?

The Opinion: The federal prohibition of marijuana under the Controlled Substances Act creates thorny ethical issues for attorneys representing clients in the cannabis industry in the twenty-nine states that have legalized medical marijuana and the eight states that have legalized recreational marijuana. The Rhode Island Ethics Advisory Panel recently joined a chorus of other states in concluding that attorneys may ethically advise clients on all matters related to a particular state’s medical marijuana law, as long as attorneys also advise clients regarding the federal law.