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Hawaii Supreme Court Seeks Public Comment as It Considers Reversing a Ban on Lawyers' Ability to Help Medical Marijuana Businesses


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Editor's Note: Here's to public outcrying and its ability to bring about change. Barring lawyers from providing counsel to cannabis businesses and their owners is like taking the very last life preserver away from these businesspeople in a sinking boat. With the legal complexities of this state-legal, federally illegal business, lawyers are one of the saving graces for those in or getting into this business. 


The Hawaii Supreme Court took swift action to change the rules barring lawyers from helping to establish medical marijuana dispensaries.

A formal opinion issued last month by the Disciplinary Board of the Hawaii Supreme Court concludes that Hawaii lawyers may not “provide legal services to facilitate the establishment and operation of a medical marijuana business,” because selling pot is still considered a federal crime.

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The court is seeking public comment to amend the rules following outcry from about two dozen local attorneys, including former Honolulu Mayor Peter Carlisle and former state Attorney General David Louie, who are representing those vying for one of eight licenses to open marijuana dispensaries.

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The Legislature passed a bill this year that allows for 16 dispensaries to open in Hawaii on July 15.

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