Can a Minnesota lawyer advise and assist a client in conduct that is legal under the Minnesota Medical Marijuana Law but a crime under federal law?

Plain-English summary

The opinion addresses whether a lawyer may counsel and assist clients in conduct that is lawful under the Minnesota Medical Marijuana Law but remains a federal crime. The Board concludes that a lawyer may advise a client about the Law and may "represent, advise and assist clients in all activities relating to and in compliance with the Law," including the manufacture, sale, distribution, and use of medical marijuana, without violating the Minnesota Rules of Professional Conduct.

That conclusion is conditioned on one disclosure obligation: the lawyer must also advise the client that such activities "may violate federal law, including the federal Controlled Substance Act, 21 U.S.C. 841(a)(1)." The opinion is a single-paragraph holding and does not address other questions about cannabis-related representation.

In practice

Under this opinion, as the Minnesota rules stood at the time, conduct in which a lawyer advises and assists a client in activities that comply with the Minnesota Medical Marijuana Law is permitted, conditioned on the lawyer also advising the client that the activities may violate federal law, including 21 U.S.C. 841(a)(1). The opinion's holding is limited to that conditional permission and the federal-law advisement it requires.

Common questions

Q: Can a Minnesota lawyer help a client run a medical-marijuana business that is legal under state law?

A: Yes. The opinion permits a lawyer to represent, advise, and assist clients in activities relating to and in compliance with the Minnesota Medical Marijuana Law, including manufacture, sale, distribution, and use.

Q: Is there a condition the lawyer must meet?

A: Yes. The lawyer must also advise the client that the activities may violate federal law, including the federal Controlled Substances Act, 21 U.S.C. 841(a)(1).

Background and rules framework

The opinion interprets the Minnesota Rules of Professional Conduct as applied to a lawyer who advises and assists clients in conduct authorized by the Minnesota Medical Marijuana Law but prohibited by federal law. The opinion does not cite a specific numbered rule; it states the conclusion in terms of compliance with the Rules of Professional Conduct generally, conditioned on the federal-law advisement. The federal statute the opinion identifies is the Controlled Substances Act, 21 U.S.C. 841(a)(1).

Citations and references

Statutes:

• 21 U.S.C. 841(a)(1) (federal Controlled Substances Act)
• Minnesota Medical Marijuana Law (referenced as "the Law")

See also

• CA Bar Ethics Op. 2020-202: Advising Cannabis-Business Clients
• CO Bar Ethics Op. 124: Lawyer Use of Marijuana

Source

• Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
• Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-23_compressed.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
OPINION NO. 23

A lawyer may advise a client about the Minnesota Medical Marijuana Law and may represent, advise and assist clients in all activities relating to and in compliance with the Law, including the manufacture, sale, distribution and use of medical marijuana, without violating the Minnesota Rules of Professional Conduct, so long as the lawyer also advises his or her client that such activities may violate federal law, including the federal Controlled Substance Act, 21 U.S.C. § 841(a)(1).

Adopted: April 3, 2015.