Medical Marijuana Legal Advice – Can a Lawyer Advise a Client About Using the Drug or Operating Such a Business Without Running Afoul of the Bar?

With a possible legalization of medical marijuana on deck in Florida, many are wondering how can a lawyer advise using the drug or operating a marijuana dispensary without running afoul of the Bar? Now we know the Florida Bar’s position. “Yes [counsel can advise], according to the Bar Board of Governors, which adopted a policy not to prosecute Bar members for misconduct if they advise clients about the new state law — as long as they also remind clients about federal law. ” says the Florida Bar News in its June 15, 2014 edition.

Can a lawyer advise a client about Medical Marijuana without Violating Bar Rules?

The new medical marijuana Policy follows: “The Florida Bar will not prosecute a Florida Bar member solely for advising a client regarding the validity, scope, and meaning of Florida statutes regarding medical marijuana or for assisting a client in conduct the lawyer reasonably believes is permitted by Florida statutes, regulations, orders, and other state or local provisions implementing them, as long as the lawyer also advises the client regarding related federal law and policy.”
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