Today, the PA. Supreme Court Ordered that Rule 1.2 of the Rules of Professional Conduct be amended in the attached form, effective in 30 days.
(e) A lawyer may counsel or assist a client regarding conduct expressly permitted by Pennsylvania law, provided that the lawyer counsels the client about the legal consequences, under other applicable law, of the client’s proposed course of conduct.
LINK TO ORDER AMENDING RULE HERE:
http://www.pacourts.us/assets/opinions/Supreme/out/147drd-attach.pdf?cb=1
According to the Pa. Bulletin, “[t]he genesis and development of the proposed amendments arose out of numerous inquiries received by the PBA’s Legal Ethics and Professional Responsibility Committee and the Philadelphia Bar Association’s Professional Guidance Committee from Pennsylvania lawyers asking whether it was ethically permissible to provide legal advice and assistance to clients engaged in the marijuana industry. The impetus behind the inquiries was the changing marijuana laws in the United States precipitating a growing need for legal assistance in this area. To date, over twenty states and the District of Columbia have enacted laws relating to marijuana. Pennsylvania enacted the Medical Marijuana Act on April 17, 2016.”
LINK TO PA BULLETIN HERE: