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.”

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