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Home 🌿 Marijuana Business News 🌿 Ethical considerations when advising a business regarding marijuana-related actives 🌿Ethical considerations when advising a business regarding marijuana-related actives
In the prior installment in this series, we discussed the ethical considerations triggered by a lawyer personally using marijuana. To summarize, the ethical prohibition regarding criminal conduct by the attorney only applies to crimes that reflect on the lawyer’s honesty, trustworthiness, or fitness to practiced law (so-called “crimes of moral turpitude”). Our conclusion was that a lawyer using marijuana, without more, does not create an ethical problem under Rule 8.4(b), as long as the attorney is not under the influence while practicing.
The analysis is different regarding a lawyer advising a client regarding marijuana-related activities. Rule 1.2(d) provides, “A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent . . . .” Unlike Rule 8.4(d), there is no limitation to crimes of moral turpitude. That is, it is an ethical violation to advise a client to commit,...
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