Insights

Paul Logan and Ryan Logan Serve on CLE Panel Discussion at Medical Cannabis Education Summit and CLE on March 5

On March 5, 2018, the Pennsylvania Medical Cannabis Society (PAMCS), in association with the Harrisburg Area Community College (HACC), sponsored the Medical Cannabis Education Summit and CLE at the HACC Midtown Campus from 9:00 am EST – 5:00 pm EST. Post & Schell Associate Ryan M. Logan, a board member for the Pennsylvania Medical Cannabis Society (PAMCS), who helped organize the Summit,  served as co-moderator on an afternoon CLE panel discussion, where Principal Paul A. Logan presented the ethics portion of the CLE titled “Marijuana Law in Pennsylvania: Ethical Issues Facing Attorneys.” The CLE was sponsored by the Dauphin County Bar Association (DCBA).

While producing, dispensing, or consuming medical marijuana is not criminally prohibited by state law, certain aspects of the medical marijuana industry are still in violation of the Federal Controlled Substances Act. This presents questions as to an attorney’s rights and liabilities in providing counsel to clients who work within the medical marijuana industry. While there are the obvious ethical questions arising from the Rules of Professional Conduct governing Pennsylvania lawyers, including  for example Rule 1.2 (d), because the law affecting the medical marijuana industry is still developing and is affected by multiple areas of law ranging from federal taxation (e.g. IRC Section 280E) to land use and zoning, the requirements of Rule 1.1, related to lawyer competency cannot be overlooked. The CLE panel and presentation tried to identify the ethical issues and limitations associated with providing advice in the developing medical marijuana industry.