Lawyers Could be Suspended for Practicing Cannabis Law

There are many trades that exist only in legal states, in places where the cannabis industry is flourishing while the rest of the country still hands out fees and jail time for cannabis use. One of those industries is cannabis law; a lucrative practice that also provides a much-needed service. But with cannabis remaining federally illegal, are these lawyers really licensed to serve, or are they in danger of being suspended or worse for the interests they represent?

A recent article from the American Bar Association Journal, reported that the only advice a cannabis lawyer should be giving, ever, is that their clients should not cultivate, transport or sell cannabis for any reason at any time. This is because technically, it is an ethics violation for lawyers to expressly tell their clients it is OK to break state or federal law. So, if the law practitioner is operating with a federal license, they could potentially get in trouble for offering any advice to those in the cannabis industry.

“A lawyer only may advise a client as to the legality of conduct either permitted under state law or prohibited under federal law and explain the scope and application of state and federal law to the client’s proposed conduct,” the ABA Journal states. “However, the lawyer cannot provide the types of legal services necessary for a client to establish and operate a medical marijuana enterprise or to transact with medical marijuana businesses.”

While some lawyers, like those attempting to operate in Ohio after medical cannabis was legalized, have been issued warnings for trying to practice cannabis law, it has become clear that these lawyers are increasingly needed to regulate the industry. Despite cannabis still being a controlled substance, and the current unstable political climate, cannabis law is continuing to grow and is essential to the industry regardless of any technical stipulations.