MARTINSBURG–The West Virginia Supreme Court of Appeals is seeking comments from the public on a proposed rule change involving the state’s Medical Cannabis Act, according to a press release from the state’s highest court.
The court is considering an amendment to Rule 1.2 of the Rules of Professional Conduct for attorneys. According to the order entered at a regular term of the Supreme Court of Appeals, Rule 1.2 involves the “scope of representation and allocation of authority between client and lawyer.”
Charles M. Johnson with the Frost, Brown Todd law firm, which has offices in West Virginia, Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, Texas and Virginia, submitted a proposal to the court to consider and adopt a rule change to Rule 1.2 to address the “dilemma faced by West Virginia attorneys who are requested to counsel clients seeking to obtain licenses or to otherwise participate in the programs authorized by the West Virginia Cannabis Act.”
In his proposal, Johnson said in 2016, the Ohio Supreme Court amended the Ohio Rules of Professional Conduct to allow lawyers to provide legal services on behalf of clients engaged in Ohio’s medical marijuana programs.
“I believe the Ohio change to its Rule 1.2(d) is clear and concise,” Johnson said in the proposal. “Accordingly, I propose a similar change to the Rules of Professional Conduct in West Virginia.”
Johnson said many other states that have adopted medical marijuana laws also made changes to their rules of professional conduct to “authorize lawyers in these states to represent