Ethically Representing the Cannabis Client

Twenty-three states and the District of Columbia now have laws making the use of medical cannabis lawful, under certain circumstances. Four states and the District of Columbia have passed laws legalizing recreational use of cannabis. In addition, anticipated ballot initiatives in Nevada, Arizona, Ohio, and California, and anticipated legislation in Vermont, Massachusetts, and Rhode Island, may result in legalized adult use of cannabis in several other states. 

Despite this activity at the state level, the Federal Controlled Substances Act (the “CSA”) applies nationwide, and, under the CSA, the cultivation, processing, distribution, and sale of cannabis is unlawful, regardless of applicable state law. Under these circumstances, may an attorney represent a client in the cannabis industry in a manner consistent with state professional ethics rules?   

In this program, we examine the ethical issues raised by representing cannabis industry clients, as well as ethics opinions issued by bar authorities in states including New York State, Maine, Connecticut, Arizona, California, Colorado, Nevada, and Washington State.

Join Hanan Kolko for a discussion of these issues. Mr. Kolko, a New York City-based shareholder at Meyer, Suozzi, English & Klein and a co-chair of that firm’s Cannabis Practice, is also a member of the National Cannabis Bar Association.       

Learning Objectives:  

I.     Understand the basics regarding the Controlled Substances Act (”CSA”) and its applicability to cannabis

II.    Appreciate the relationship between the CSA and state cannabis laws

III.   Understand the underlying ethical issues presented in the representation of cannabis industry clients

IV.   Learn how different state bar authorities have approached the ethical considerations of attorney representation of clients in the cannabis industry

V.    Identify how to avoid ethical pitfalls in representing clients in the cannabis industry

VI.   Learn how to conduct “up front” communications with potential clients in the industry