Cannabis Lawyering: Risks and Ethical Considerations

On January 1, 2018, California became the largest state-legal adult use cannabis market in the country, after having led the way with the legalization of medical cannabis more than two decades earlier. This raises a critical question: can lawyers ethically provide full representation to clients in the cannabis industry, given the continuing illegality of cannabis under federal law? Coincidentally, the California Supreme Court adopted new Rules of Professional Conduct effective November 1, 2018, and as part of that process, it addressed the ethics of cannabis lawyering. Using the new California Rules as a starting point, the faculty will address the attempts around the country to define the permissible scope of cannabis lawyering.

The PLI presenters will discuss these issues and will address ethical cannabis lawyering in its broadest sense, including:

• Is cannabis lawyering illegal under federal law?
• Is cannabis lawyering unethical under the Rules of Professional Conduct?
• Is cannabis lawyering imprudent, given difficulties such as the potential waiver of the attorney client privilege under the federal crime-fraud exception?
• Is cannabis lawyering impossible given related banking concerns for the industry and attorneys providing services to it?

This program is accredited for CLE – Continuing Legal Education.

For more information or to register, contact Robin Hallagan, +1 216 479 8115.

There is a cost for attending this PLI program.