Recreational Marijuana Ethical Dilemmas

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Recreational marijuana remains illegal under federal law, which creates a conflict for Colorado attorneys. Lawyers who assist clients with legal matters related to the marijuana industry may also be in violation of ethical rules, according to an opinion issued by the Colorado Bar Association. The opinion, issued in April 2012, is gaining attention in the legal community now that Colorado has begun allowing the sale and distribution of recreational marijuana. Rules of professional conduct prohibit lawyers from assisting clients to engage in conduct that is criminal. This dilemma presents the answer “Yes and No” to the question, is this act illegal. Colorado voters approved a referendum to legalize recreational marijuana and the state has…show more content…
The revisions are expected to be heard March 6 before the Colorado Supreme Court. In the meantime, it remains a gray area for lawyers to assist clients in the private marijuana industry with contracts and leases. The ethics committee cites two specific examples: contracts to purchase and sell marijuana, and leases for properties or equipment that would be used to cultivate, manufacture, distribute or sell marijuana. Lawyers need to be able to explain laws and help clients use those laws to build responsible businesses. As more states decriminalize marijuana, the need for lawyers to craft leases and contracts will only increase. Lawyers that choose to participate during this period of gray area stand to be found in violation of the rules of professional behavior that may be punishable up to and including disbarment. A stream of lawyers and judges appeared at the Colorado Supreme Court on March 6th, 2014 to argue for rule changes that would explicitly allow lawyers to give advice related to marijuana without fearing disciplinary action — as well as use marijuana themselves. The court heard their arguments and is expected to make a decision in the next few…show more content…
The marijuana industry has been slowly gaining acceptance, first through the medicinal benefits that has remained relatively small. However, now that Colorado has put recreational marijuana on the map; the growth potential of the industry may be limitless and is proving lucrative, for both the government and private industry. Colorado is taxing recreational marijuana at a rate of approximately 28%. Making it one of the heaviest taxed consumer products in Colorado. This has led to tax revenue of over 2 million dollars in the month of January 2014 alone. This also suggests there is a large demand for legal advice in an emerging industry that promises to be generously profitable. The supporters also argued the implications of these rules go far beyond a lawyer freely advising the owner of a marijuana dispensary, to dealing with the bank that gives the owner a loan or even settling a divorce in which one parent requests that another refrain from smoking marijuana before picking up the kids. They said pot-related legal issues had come up with homeowners’ associations and criminal matters — all without the lawyers ever knowing what was safe ground. “It’s not just marijuana entrepreneurs,” was said. “It’s a broad range of Colorado businesses and residents
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