Saturday, December 7, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, September 22, 2015
Hawaii Supreme Court: Political Cronies Who are also Lawyers will be Iced Out of Marijuana Goldrush
By News Release @ 11:32 PM :: 6564 Views :: Ethics, Judiciary, Drugs

Industry Update – Hawai’i Lawyers Should Be Careful

News Release from Hawaii Dispensary Alliance, September 23, 2015

The Disciplinary Board of the Hawai‘i Supreme Court recently released an opinion that will significantly limit dispensary applicant’s access to the legal services needed to develop the organizations and structures of a viable dispensary license application.  In Formal Opinion No. 49, the Disciplinary Board answered two questions:

  1. whether a lawyer may provide legal advice about Act 241; and
  2. whether a lawyer may provide legal services to facilitate the establishment and operation of a medical marijuana business.

The Board found that a lawyer may “advise a client with regard to legality under state and federal law on the subject of marijuana production and distribution and may advocate for changes in court rules or state or federal laws on the subject, but a lawyer may not ‘provide legal services to facilitate the establishment and operation of a medical marijuana business’…”.

Like any developing industry, timely and accurate legal advice is essential to the smooth inception and operation of the businesses involved. Especially in an industry endeavoring to ensure the health of its patients in compliance with substantial state and federal regulatory requirements. This ruling makes clear that under the current legal scheme, Hawai‘i lawyers likely cannot advise clients on their license applications or on any of the myriad legal relationships underlying a successful bid.  This means many license applicants may look to out-of-state lawyers, with no local experience or connection, to provide legal guidance on Hawai‘i’s new law.

Now, the Supreme Court of Hawai‘i can amend its Rules of Professional Conduct (Rule 1.2d) or add an appropriate comment to those rules creating an exception that would allow Hawai‘i’s lawyers to provide dispensary advocates with vital legal services.  This is an issue which we hope the industry decides to bring to the Court’s attention over the next few months.

It is the Alliance’s mission to provide up-to-date and relevant industry information to the patients, dispensary applicants, and related businesses of Hawai‘i’s growing medicinal cannabis industry.  Whereas this information is normally contained in our monthly industry newsletter, along with useful commentary from industry experts, we felt that this particular issue needed as much exposure as possible as quickly as possible.  Please feel free to contact us if you would like to learn more about this issue or if you would like to Join the Alliance and receive our monthly industry publication.  We look forward to hearing from you!

  *   *   *   *   *

UPDATE:  Hawaii Supreme Court Seeks Input on Whether to Let Lawyers Sell Weed

UPDATE: The Hawaii Supreme Court is considering a request from multiple politically connected Downtown Honolulu attorneys who are asking that the Disciplinary Board's decision be overturned.  October 16 is the deadline for public comment....

PDF: Supreme Court's Announcement

Carlisle Letter to Supreme Court

Louie Letter to the Supreme Court

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii