Lawyers may give legal services to clients in accordance with New York’s new recreational marijuana law, according to an ethics opinion issued by the New York State Bar Association.
Lawyers can also accept ownership shares in a cannabis firm as remuneration and smoke or use marijuana recreationally, according to the state bar organisation. Lawyers can also cultivate marijuana, subject to regulatory restrictions, according to the state bar.
Despite the fact that cannabis remains illegal at the federal level, the state bar association noted congressional actions as well as former US Attorney General Bill Barr’s remarks that he would not prosecute state-legal marijuana companies. The state bar, on the other hand, said it would have to adjust its stance if the federal government’s attitude on marijuana changed.
In a sophisticated regulatory system where cultivation, distribution, possession, sale, and use of a product are all strictly controlled, legal counsel and guidance are extremely valuable. Without the help of attorneys, the recreational marijuana regulatory system would almost likely collapse or grind to a standstill.
For similar reasons New York State Bar Association concluded that lawyers may accept an equity stake in a client’s cannabis business in exchange for legal services, grow lawful quantities of marijuana for personal use at home, and use cannabis products recreationally.
The bar organisation did warn, though, that excessive marijuana usage, like excessive alcohol use, might harm a lawyer’s ability to represent his or her clients.
In other legal markets, bar organisations’ attitudes toward marijuana and their members have been varied.
For example, bar associations in New Mexico, Ohio, Oklahoma, and South Dakota have warned their members against getting engaged in the marijuana market, while the Los Angeles County Bar Association has formed a new law practise devoted to legal marijuana.
The Georgia Supreme Court decided last month that attorneys can be punished for advising marijuana oil makers and dealers, which is permitted in Georgia for restricted medical purposes.