"Legalizing" Pot Not So Easy

Medicinal marijuana dispensaries will soon be cropping up here in Washoe County and elsewhere in Nevada. The problem is lawyers who help dispensary owners and growers set up businesses and leases or even limited liability corporations are breaking the law.

MGN Online

Nevada lawmakers passed, and Governor Sandoval signed, medical marijuana dispensaries into law.

The rules governing Nevada attorneys is in direct conflict.

Currently Nevada law does not allow for attorneys to counsel anyone who is violating federal law.

The state bar is asking Nevada's Supreme Court to change the rules allowing for attorneys to counsel marijuana clients, who may be in violation of federal law, but are not breaking Nevada law.

”It's opened up a whole new area of practice both in the public arena and private attorneys. It's raised a whole number of issues and concerns that our state, as a whole, has never had to address in the past.,” says Paul Matteoni with Nevada's State Bar

Matteoni says this is not a unique problem; Washington and Colorado have wrestled with this same issue after those states passed recreational pot laws.

Matteoni says the bar will take its case to the Nevada Supreme Court in May.

A decision will be made by the court sometime after that hearing.

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