Update - Lawyers and the Arizona Medical Marijuana Act
By By Patricia Sallen, Director of Special Services and Ethics Deputy General Counsel
May 24, 2011
The rapidly evolving issue of medical marijuana has prompted
State Bar President Alan Bayham to ask the State Bar's Ethics
Committee to provide the members with additional guidance.
In February, the Committee issued Ethics Opinion 11-01, which
provides guidance to Arizona lawyers about their ethical
obligations in representing a client in certain legal matters
expressly permissible under the Arizona Medical Marijuana Act.
Since then, the state Department of Health Services issued
regulations implementing the medical-marijuana law. Those
regulations prompted U.S. Attorney for Arizona Dennis K. Burke to
send a letter to the DHS director stating that "growing,
distributing, and possessing marijuana in any capacity, other than
as part of a federally authorized research program, is a violation
of federal law regardless of state laws that purport to permit such
activities."
President Bayham, in a May 16, 2011, letter to the Ethics
Committee, asked the Ethics Committee to consider certain issues
prompted by Mr. Burke's letter, including issues related to a
lawyer's personal conduct, such as using medical marijuana,
supervising people who use medical marijuana, or participating in a
medical marijuana-related business. As President Bayham
stated in his letter to the Committee: "The situations in
which these concerns arise involve [Arizona lawyers'] ability to
advise a client with respect to the establishment of a dispensary
and about their own medically prescribed personal use and the
personal use of those whom they directly supervise. Your
committee's focus on these issues would be most helpful to our
membership, and thus we ask the Committee to entertain this request
at your earliest convenience."
The Ethics Committee will review these issues and consider
issuing a supplemental opinion.