Marijuana Decriminalization Illinois

The Ohio Supreme Court will review its professional ethics rules after an advisory opinion said attorneys could not help medical marijuana businesses with common business services.

(Seth Perlman, Associated Press)

COLUMBUS, Ohio -- The Ohio Supreme Court might change its ethics rules to allow attorneys to help medical marijuana businesses.

The court will consider the change after an advisory opinion issued this month said attorneys could not represent Ohio medical marijuana businesses or aid them because marijuana remains illegal federally.

In effect, the opinion blocked attorneys from providing basic business services such as completing license applications, representing business owners before state regulatory boards, drafting contracts with vendors and lease agreements and even forming corporations under state law.

The court on Wednesday directed its staff to prepare a draft amendment to the Ohio Rules of Professional Conduct, which govern state licensed attorneys.

"Although non-binding, the court is aware that the advisory opinion has led some lawyers to question whether they can assist clients in complying with the new law," Chief Justice Maureen O'Connor said in a statement. "The court hopes to act expeditiously in addressing their concerns and, if necessary, amend ethics rules to clarify the role of attorneys in light of the new law."

If the court approves new rules, they will be presented for public comment before taking effect.

Ohio's new medical marijuana law, which starts Sept. 8, allows people with about 20 medical conditions to buy and use marijuana if recommended by a physician. The state will license marijuana cultivators, processors, testing labs and retail dispensaries.

The law protects licensed professionals -- including attorneys -- from discipline "solely for engaging in professional or occupational activities related to medical marijuana."

But the court's professional rules prohibit attorneys from knowingly counseling or assisting a client to break the law and from committing an illegal act that "reflects adversely on the lawyer's honesty or trustworthiness," and marijuana is still illegal federally.

Ethics panels in the other 24 medical marijuana states have faced the same issue. Most have allowed attorney involvement in the industry and some had to first change their professional rules.

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