Ohio Supreme Court Suggests Lawyers Can Help With Medical Marijuana Businesses, But On One Condition

Aug 31, 2016

The Ohio Supreme Court has issued a proposed amendment to provide some clarification for lawyers who are trying to advise clients about the state’s new medical marijuana law.

The court’s proposed amendment to the Rules of Professional Conduct says a lawyer can assist a client regarding conduct that it permitted under the new state law but in these circumstances, the lawyer shall also advise the client of related federal law. This proposed amendment will now go through a public comment period until September 18th. The need to clarify the services attorneys can offer clients arose in early August after a non-binding advisory opinion issued by the independent Board of Professional Conduct acknowledged the state’s new law, but also stated that prohibitions in federal law might create ethical problems for lawyers counseling or assisting a client with regard to the new state law, depending upon the nature of the services their clients are seeking.