“Merely investing in a hashish firm…doesn’t in our opinion rise to the extent of a prison act, nor does such conduct mirror adversely on the attorneys honesty, trustworthiness, or health to follow.”
By Paul Hammel, Nebraska Examiner
Marijuana could also be unlawful in Nebraska, however a lawyer from the Cornhusker State is free to put money into hashish operations in states the place it’s authorized, a state ethics board is advising.
The eight-member Nebraska Lawyer’s Advisory Committee, which issued an advisory on Thursday, normally weighs in on technical issues regarding the follow of regulation, corresponding to whether or not conflicts of pursuits exist and the responsibility to symbolize purchasers.
However the legalization of medical marijuana in adjoining South Dakota prompted a few questions from a Nebraska legal professional not too long ago.
Guidelines of conduct
The legal professional, who was not named within the advisory opinion, requested if they might put money into a medical hashish enterprise in one other state, the place such marijuana is authorized, with out violating the state’s Guidelines for Skilled Conduct for attorneys. One other query: In the event that they couldn’t make investments, might their partner?
The lawyer additionally questioned if they might advise a enterprise proprietor who had employees who lived in a state, like South Dakota or Colorado, the place marijuana was authorized, on employment points?
A break up determination
The committee, in a break up determination, mentioned that such investments wouldn’t violate the code of conduct.
The bulk opinion famous that medical marijuana is authorized in 37 states and that Congress has blocked federal authorities from implementing the federal prohibition towards marijuana in states which have deemed it authorized. Nineteen states, two U.S. territories and the District of Columbia have legalized hashish for leisure use, in accordance with the Nationwide Convention of State Legislatures.
“Merely investing in a hashish firm, which presumably operates inside the bounds of the relevant state legal guidelines, doesn’t in our opinion rise to the extent of a prison act, nor does such conduct mirror adversely on the attorneys honesty, trustworthiness, or health to follow…” mentioned the bulk opinion from the advisory committee.
It famous that ethics committees in two different states, New York and Washington State have reached related conclusions, and that the committee had no energy to advise non-lawyers, corresponding to spouses.
Supreme Courtroom ought to weigh in
However dissenters on the committee mentioned the since marijuana is against the law in Nebraska and technically unlawful federally, it will be an moral breach.
Nevertheless, the dissenters—who weren’t recognized—steered that the questions be referred to the Nebraska Supreme Courtroom so it might deal with the difficulty “head on by making a rule upon which Nebraska attorneys can rely.”
The Supreme Courtroom, the dissenters famous, is the “ultimate authority” on moral points involving attorneys.
Mark Weber with the State Counsel for Self-discipline’s workplace declined to call the legal professional who requested for the advisory, or who on the eight-member committee had been within the majority or minority, saying that such info was confidential.
Uncommon dissenting opinion
He did say that it was the primary lawyer advisory he might recall that included a dissenting opinion.
Norfolk legal professional David Copple, who chairs the advisory committee, didn’t instantly return a message in search of touch upon Thursday.