Ohio Supreme Court Delivers Blow to State’s MMJ Lawyers

The Ohio Supreme Court’s Board of Professional Conduct has determined that local lawyers who help marijuana entrepreneurs launch their businesses or offer advice would be violating its code of professional conduct.

The non-binding, advisory decision is a blow to prospective cannabis entrepreneurs who want to set up a medical cannabis business in the state – as well as lawyers who want to serve new companies. The board did note, however, that the high court could change the rules of conduct to give lawyers a clear green light.

The board’s seven-page opinion was issued in response to three questions Ohio lawyers asked about the state’s new medical marijuana law, which goes into effect Sept. 8:

  • Can Ohio lawyers ethically advise an MMJ company on how to conduct business?
  • Can lawyers own or be a part of an Ohio MMJ business?
  • Can lawyers use medical cannabis?

The board said no in each case, noting that participating in or abetting a federally illegal activity – even though the activity may be legal at the state level – would “adversely reflect on a lawyer’s honesty, trustworthiness, and fitness to practice law.”

The board did leave open this potential remedy: “The Supreme Court may amend the Rules of Professional Conduct to address this conflict.”

2 comments on “Ohio Supreme Court Delivers Blow to State’s MMJ Lawyers
  1. William on

    The Ohio Supreme Court’s Board of Professional Conduct is neither supreme, courtly, nor professional. No one should promote the canard that marijuana is dangerous, like pharmaceutical drugs. Or even that it is a ‘drug’, except in Merriam-Webster’s third and broadest definition, as something which affects the mind. By that definition, religion and television (‘the plug-in drug’) should also be included. In truth marijuana is a medicinal herb, cultivated, bred, and evolved in service to human beings over thousands of years.

    “The Nixon campaign in 1968, and the Nixon White House after that had two enemies: the anti-war left and black people. We knew we couldn’t make it illegal to be either against the war or black, but by getting people to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, break up their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.” –John Ehrlichman

    Prohibition of marijuana is a premise built on a tissue of lies: Concern For Public Safety. Our new laws save hundreds of lives every year, on our highways alone. In November of 2011, a study at the University of Colorado found that in the thirteen states that decriminalized marijuana between 1990 and 2009, traffic fatalities have dropped by nearly nine percent—now nearly ten percent in Michigan—more than the national average, while sales of beer went flat by five percent. No wonder Big Alcohol opposes it. Ambitious, unprincipled, profit-driven undertakers might be tempted too.

    In 2012 a study released by 4AutoinsuranceQuote revealed that marijuana users are safer drivers than non-marijuana users, as “the only significant effect that marijuana has on operating a motor vehicle is slower driving”, which “is arguably a positive thing”. Despite occasional accidents, eagerly reported by police-blotter ‘journalists’ as ‘marijuana-related’, a mix of substances was often involved. Alcohol, most likely, and/or prescription drugs, nicotine, caffeine, meth, cocaine, heroin, and a trace of the marijuana passed at a party ten days ago. However, on the whole, as revealed in big-time, insurance-industry stats, within the broad swath of mature, experienced consumers, slower and more cautious driving shows up in significant numbers. A recent Federal study has reached the same conclusion. And legalization should improve those numbers further.

    No one has ever died from an overdose of marijuana. It’s the most benign ‘substance’ in history. Most people—and particularly patients who medicate with marijuana–use it in place of prescription drugs or alcohol.

    Marijuana has many benefits, most of which are under-reported or never mentioned in American newspapers. Research at the University of Saskatchewan indicates that, unlike alcohol, cocaine, heroin, or Nancy (“Just say, ‘No!’”) Reagan’s beloved nicotine, marijuana is a neuroprotectant that actually encourages brain-cell growth. Researchers in Spain (the Guzman study) and other countries have discovered that it also has tumor-shrinking, anti-carcinogenic properties. These were confirmed by the 30-year Tashkin population study at UCLA.

    Drugs are man-made, cooked up in labs, for the sake of patents and the profits gained by them. Often useful, but typically burdened with cautionary notes and lists of side effects as long as one’s arm. ‘The works of Man are flawed.’

    Marijuana is a medicinal herb, the most benign and versatile in history. “Cannabis” in Latin, and “kanah bosm” in the old Hebrew scrolls, quite literally the Biblical Tree of Life, used by early Christians to treat
    everything from skin diseases to deep pain and despair. Why despair? Consider the current medical term for cannabis sativa: a “mood elevator”. . . as opposed to antidepressants, which ‘flatten out’ emotions, leaving patients numb to both depression and joy.

    The very name, “Christ” translates as “the anointed one”. Well then, anointed with what? It’s a fair question. And it wasn’t holy water, friends. Holy water came into wide use in the Middle Ages. In Biblical times, it was used by a few tribes of Greek pagans. And Christ was neither Greek nor pagan.

    Medicinal oil, for the Prince of Peace. A formula from the Biblical era has been rediscovered. It specifies a strong dose of oil from kanah bosom, ‘the fragrant cane’ of a dozen uses: ink, paper, rope, nutrition. . . . It was clothing on their backs and incense in their temples. And a ‘skinful’ of medicinal oil could certainly calm one’s nerves, imparting a sense of benevolence and connection with all living things. No wonder that the ‘anointed one’ could gain a spark, an insight, a sense of the divine, and the confidence to convey those feelings to friends and neighbors.

    I am appalled at the number of ‘Christian’ politicians, prosecutors, and police who pose on church steps or kneeling in prayer on their campaign trails, but cannot or will not face the scientific or the historical truths about cannabis, Medicinal Herb Number One, safe and effective for thousands of years, and celebrated as sacraments by most of the world’s major religions.

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