BAR REPORT - Capitol Report
Ethics rule amendment focuses on cannabis counsel; Governor signs Daniel's Law, providing additional protections to judges
November 30, 2020 at 08:01 AM
4 minute read
Ethics rule amendment accommodates cannabis counsel
On the eve of important votes in the Legislature regarding adult-use cannabis—following voter support of the constitutional amendment to legalize recreational use of marijuana by a three-to-one margin—the New Jersey Supreme Court announced amendments to the Rules of Professional Conduct 1.2(d) regarding counseling clients on marijuana laws. New Jersey already authorizes medical-use marijuana, which led to the last marijuana-related amendment to RPC 1.2 tailored to medical marijuana. New Jersey already authorizes medical-use marijuana, which led to the last marijuana-related amendment to RPC 1.2 tailored to medical marijuana.
"The need for attorneys to provide representation and advice regarding those changing laws gives rise to a new array of professional responsibility considerations for attorneys," said Acting Administrative Director of the Courts Judge Glenn A. Grant. "In recognition of that, the Supreme Court, by order of November 17, 2020, has amended Rule of Professional Conduct 1.2(d) so as to authorize attorneys to counsel clients on all New Jersey marijuana laws, not just those laws relating to medical marijuana, as the RPC previously permitted."
The New Jersey State Bar Association (NJSBA) raised concerns to the Supreme Court to address the expansion of marijuana use in light of the passage of the constitutional amendment, urging the Court to amend the narrow rule that only addressed medical marijuana.
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