Calif. Rules For Advising Cannabis Clients Need Clarity: Part 1

By Francis Mootz III, Ian Stewart and Sehreen Ladak (July 24, 2018, 2:36 PM EDT) -- The cannabis licensing process and regulatory structure is up and running in California. Given the complexity of state and local requirements, cannabis businesses are well advised to seek assistance from lawyers, accountants, insurance brokers and other professionals. Coincidentally, the state has begun a multiyear initiative to update the ethical rules that govern attorney conduct, bringing the rules into conformity with the Model Rules of Professional Responsibility that are adopted in some form by most states. Attorneys who have been representing clients in the state-legal cannabis industry might have assumed that California would take this opportunity to address the ethics of cannabis lawyering comprehensively and clearly. Proposed changes to California's Rules of Professional Conduct, however, have become a source of serious concern for these lawyers. The changes under consideration threaten to limit the extent and quality of legal work that is badly needed to ensure a safe and orderly transition out of the gray market for the cannabis industry....

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