Attorney Donald Ramsell discusses what you should know about Illinois Medical Marijuana, and the new DUI laws.
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This website is for ISBA staff use only. All visitors should return to the main ISBA website.
Attorney Donald Ramsell discusses what you should know about Illinois Medical Marijuana, and the new DUI laws.
As Illinois implements the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/5 et seq.), attorneys face an ethical dilemma. Illinois Rule of Professional Conduct 1.2(d) prohibits a lawyer from assisting clients in conduct he or she knows is criminal. And even though state law allows the cultivation, sale, and use of marijuana for limited medical purposes, marijuana is still classified as a Schedule I controlled substance under federal law.
The U.S. Department of Justice (DOJ)has said it does not intend to interfere with the medical use of marijuana if it is tightly regulated and controlled by state law. But possession, sale, and production of marijuana remain illegal under federal law. How can an attorney reconcile this contradiction?
The ISBA's Standing Committee on Professional Conduct addresses the issue in new Advisory Opinion No. 14-07. The opinion offers guidance on two specific questions: 1) May a lawyer provide legal advice and render other legal services to a client engaged in the medical marijuana business? 2) May a lawyer counsel a municipal government about zoning regulations for cultivation centers and dispensaries? The answer to the second question is simple: "yes," the opinion says in so many words. The answer to the first question is more lengthy and nuanced - but also "yes." Read Matthew Hector's article in the December Illinois Bar Journal and find out more.
Is there a cannabis facility knocking at your permitting window? Do you know how the regulations impact your zoning? Do your clients know how to answer all of the questions being raised? What risks does your community face from cannabis facilities setting up shop in your neighborhood? How will the state's monitoring impact your local government? Don't miss this two-hour live webcast on Thursday, November 13, 2014 that addresses each of these questions and more, including: how the state will be monitoring these facilities; how cannabis dispensaries and cultivation centers will be regulated; local zoning issues that are arising from Illinois' new medical marijuana laws; agreements between facilities and the local government; and possible ways to address the potential risks that these facilities bring to the community. Attorneys with all levels of practice experience working in the local government, health care, or agricultural arenas who attend this online seminar will be better equipped to effectively advise their clients as medical cannabis facilities look to locate to your jurisdiction.
The seminar is presented by the ISBA Local Government Law Section and qualifies for 2.0 hours MCLE credit.
Don’t miss this live webcast on June 24th for a look at what the new medical marijuana legislation mean for your jurisdiction! Municipal lawyers, general practitioners, health care counsel, and agriculture attorneys with all levels of practice experience will benefit from the information in this seminar, which includes: a summary of the legislation and how the marijuana industry is expected to function; a description of cultivation centers and dispensaries – the two key marijuana-related businesses established by the Act; public safety considerations and policing concerns related to marijuana-related businesses; the anticipated scope of zoning and land use laws permitted by the Act; and the current landscape of local laws regarding marijuana-related businesses, including specific examples of regulations proposed or enacted by local governments.
The program is presented by the ISBA Local Government Section and qualifies for 1.0 hour MCLE credit.
The legalization of medical marijuana affects a broad range of legal practices – from those attorneys counseling hospitals, physicians, practice groups, and clinics, to attorneys representing patients wishing to use medical marijuana, businesses employing medical marijuana users, and entities seeking dispensary licenses. Join us in Chicago or via live webcast on Friday, Dec. 6 for a better understanding of: The Compassionate Use of Medical Cannabis Pilot Program Act; the rights of and constraints on patients for the purchase, possession and use of medical marijuana; how and when physicians will be able to recommend cannabis for their patients; the scope of forthcoming regulations; how the legal use of medical cannabis will affect employers; and how health care facilities can accommodate or restrict the use of medical marijuana.
The seminar is presented by the ISBA Health Care Section and qualifies for 1.75 hours MCLE credit.
Click here for more information and to register for the CHIGAGO program.
Click here for more information and to register for the LIVE WEBCAST.