Ohio Board To Consider Ethics Of Marijuana Advice, Use
From the web page of the Ohio Supreme Court
The Board of Professional Conduct has received two requests from attorneys seeking ethical guidance regarding H.B. 523, signed by Gov. John R. Kasich on June 8. The law permits Ohio doctors to prescribe marijuana for qualified patients and permits the cultivation, processing, and dispensing of medical marijuana through the issuance of various state-regulated licenses.
The questions submitted to the Board concern: (1) the scope of services Ohio attorneys may provide to businesses that directly or indirectly engage in businesses related to the cultivation and sale of medical marijuana; (2) attorney ownership in related businesses; and (3) personal use of marijuana by an Ohio attorney. The Board’s Advisory Opinion committee is currently working with Board staff to research the relevant issues and expects to make a recommendation to the Board in August.
The Board is authorized by the Supreme Court Rules for Government of the Bar of Ohio Rule V, Section 2(D) to issue nonbinding advisory opinions in response to prospective or hypothetical questions regarding the application of the Ohio Rules of Professional Conduct. Attorneys with questions about medical marijuana not presently before the Board may submit written questions for consideration on or before July 11 to the attention of Director Richard Dove at rick.dove@sc.ohio.gov.
This is clearly a hot topic as Nevada is also studying it.
The Nevada Supreme Court will review a proposed comment to be added to the state rules of professional conduct for lawyers relating to the state’s medical marijuana laws at 1 p.m. on July 7, 2016 in Las Vegas. The hearing will be videoconferenced to the Nevada Supreme Court Courtroom in Carson City.
The Supreme Court invites comment from attorneys and the public regarding the proposed comment and whether additional changes to the state rules are warranted. Send original written comments, and 8 copies, by 5 p.m. on July 1, 2016 to Tracie K. Lindeman, Clerk of the Supreme Court, 201 South Carson Street, Carson City, Nevada 89701. Comments submitted electronically will not be filed.
In 2014, the Supreme Court added a comment to the rules allowing Nevada attorneys to counsel clients regarding medical marijuana decisions. The new comment seeks to inform attorneys that federal law prohibits the sale, use, or possession of marijuana, and engaging in such behavior, even where allowed by state law, could result in prosecution and the threat of attorney misconduct.
The public hearing is a result of the State Bar of Nevada seeking guidance from the court regarding attorney participation in the medical marijuana industry.
(Mike Frisch)