Legal

The Need For Lawyers In The Marijuana Industry

Those considering a leap into a cannabis-based business have to consider an attorney for navigating complex state and local regulations.

You need to understand the weird laws for the purchasing of the material. The experience of the people is great with learning the rules and regulations of the site. The selection of the reputed and licensed site is essential to have more profits. It is an essential thing that you need to know while buying the weed. 

Legal consultation is a must, though it does increase your start-up budget significantly. You may feel a desire to have an attorney on your board to circumvent the associated cost. But either way, it’s important to select an attorney or firm which knows the cannabis laws specifically and so can offer the best counsel. States make great efforts to show they are serious. The last thing you want to be is noncompliant, especially if you are competing for one of a limited number of licenses. With that, many are interested in how different states view how lawyers can work with marijuana business owner and entrepreneurs.

Though you may think it is cut and dry, consider the example of Alaska. Measure 2 passed last election cycle legalizing marijuana for recreational use in America’s Last Frontier. The Alcoholic Beverage Control Board is currently working on regulations for a recreational industry like Colorado’s. The state’s Rules of Professional Conduct say a lawyer cannot engage in acts that are criminal. Marijuana is technically illegal under federal law.

The Alaska Bar Association’s Ethics Committee moved in to clarify things recently. It told attorneys that they may go ahead and counsel clients who are compliant with state and local laws when it comes to the cultivation, production, distribution and sale of marijuana. Unofficially, it was of the committee’s opinion that counselors could very well extend any other legal services as well. However, the committee did warn, “a lawyer should exercise caution and not become directly involved in operating a business that remains illegal under federal law.” In Colorado the Bar Association at the onset held a stricter stance.

Again, the association recommended against working with clients where the business at hand is knowingly illegal. Initially, an attorney could not therefore negotiate contracts, draft documents or leases for businesses that they knew outright violated federal law. But the state Supreme Court in March rescinded saying instead that lawyers could help clients, so long as they were in compliance with local and state laws. Washington State’s Supreme Court also recently passed a similar measure.