021317 RIEO, ETH 2017-01

• Case Date: February 13, 2017
• Court: Rhode Island

ETH 2017-01 Ethics Advisory Panel Op. 2017-01 Rhode Island Ethics Opinions Rhode Island Supreme Court February 13, 2017           FINAL          FACTS:          Two inquiring attorneys have requested the Ethics Advisory Panel’s guidance concerning the propriety of providing legal services relating to Rhode Island’s medical marijuana law. The attorneys propose to provide legal services to individuals and businesses that seek assistance in obtaining licenses to cultivate, dispense, or supply medical marijuana. They also propose to assist clients in establishing medical-marijuana related businesses. The attorneys ask whether they may advise and assist clients who plan to engage in activities that are permitted under the Rhode Island medical marijuana laws, but which are illegal activities under federal law.          ISSUE PRESENTED:          May the inquiring attorneys provide legal services relating to Rhode Island’s medical marijuana law when conduct that is permitted under the law is unlawful under federal law?          OPINION:          The inquiring attorneys may ethically advise clients about Rhode Island’s medical marijuana law, and may ethically represent, advise, and assist clients in all activities relating to and in compliance with the law, provided that the lawyers also advise clients regarding federal law, including the federal Controlled Substances Act.          REASONING:          Medical marijuana was legalized in Rhode Island in 2006 with the enactment of “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act” (hereinafter, medical marijuana law). See G.L. 1956 § 21-28.6-1 et.seq. The statute permits the cultivation, manufacture, sale, distribution, possession, and use of medical marijuana. The activities permitted under the law are subject to a comprehensive regulatory scheme that requires oversight over all aspects of the medical marijuana program while also ensuring patient access and safety. See G.L. 1956 § 21-28.6-2(8). Under federal law, however, pursuant to the Controlled Substances Act, 21 U.S.C. § 841(a)(1), it is unlawful to grow, manufacture, dispense or...