The order also noted that the requested amendment to Rule 1.2 would not necessarily be limited to state-legal, low-THC oil, but “might well apply to a wide range of conduct constituting a crime under federal law that simply has no corollary state criminal sanctions.” An optimist would read that as a hint that the court is open to a more focused amendment. For now, though, lawyers and their potential cannabis clients are stuck. A lawyer advising a business complying with state law in the sale of low-THC oil could theoretically lose her license.
All of this means cannabis lawyering is not an area for generalists, or for law firms unequipped to work in the space. When our cannabis business lawyers are hired as expert witnesses, a common set of facts involves a cannabis business suing a lawyer or law firm who gave bad advice; or, as we lawyers put it, “advice that fails to meet the relevant standard of care.” Often, these lawyers simply didn’t understand the rules, many of which are obscure and non-intuitive. Thus, RPC 1.1 is also a critical piece of the regime in ethical cannabis lawyering.
Legal Issues, Medical Marijuana, Recreational Marijuana