The South Dakota Supreme Court has expanded its professional conduct rules so that lawyers can more thoroughly advise clients regarding marijuana.
The new rule says, “(A) lawyer may counsel or assist a client regarding conduct expressly permitted by South Dakota Cannabis laws, even if the same conduct violates federal law, but the lawyer must inform the client that the conduct violates federal law and advise the client about the legal consequences under federal law of the client’s proposed course of conduct.”
Marijuana remains illegal under federal law. South Dakota voters in November approved IM 26 permitting medical cannabis for all ages and Amendment A allowing people age 21 and older to use marijuana.
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