Just about a month ago, I reported that the Ohio board that oversees attorney conduct decided that attorneys aren’t allowed to help someone establish a legal medical marijuana-related business in the state because using, growing and selling marijuana remains a federal crime. A few days later, I updated the story when it was reported that the Ohio Supreme Court would consider a draft amendment to the Ohio Rules of Professional Conduct to address the issue.
The Court not only prepared the draft, it just formally adopted the amendment.
The amendment modifies Prof. Cond. R. 1.2(d)(2) by adding a new subsection, which reads: “A lawyer may counsel or assist a client
regarding conduct expressly permitted under Sub.H.B. 523 of the 131st
General Assembly authorizing the use of marijuana for medical purposes
and any state statutes, rules, orders, or other provisions implementing
the act. In these circumstances, the lawyer shall advise the client
regarding related federal law.”
Thanks to the Legal Profession blog for the update.