Minnesota Medical Marijuana Law Raises Ethics Questions

Marijuana is legal is some states for Medical use only.  In other states, including Colorado, it is legal for Medical and recreational use.  Meanwhile, marijuana possession AND cultivation as well as selling is illegal under Federal Law.  Here in Minnesota, there is a Medical Marijuana bill taking effect January 1, 2015.  Under this new law, sick children  and others who have cancer and seizure disorders and other diseases can now get marijuana for medical purposes.  Under Minnesota’s Medical Marijuana law, the marijuana can only be in Pill or oil form.  Loose marijuana, like a joint or marijuana cigarette, is still illegal under the medical marijuana law.  As if these state and federal laws were not confusing enough, they also raise ethical concerns for Attorneys, who could be disciplined or disbarred if they advise a client to break federal law by doing something that is actually LEGAL under state law, but still illegal under federal laws.

Attorneys now face ethical concerns because of the confusing and contradictory mishmash of state and federal marijuana laws.  Attorneys who give wrong advice may be disciplined by state bar authorities, or even disbarred. An attorney who has been disbarred loses the license to practice law and therefore cannot represent clients as an attorney.  Although you may not be starting a medical marijuana business as some are, you may have been charged with a Minnesota felony drug crime.  If you have been charged with a felony level drug crime in Minnesota, a good  Minnesota criminal defense attorney can do many things to help you. For example, a tough experienced defense counsel can get all the evidence against you thrown out, if the circumstances warrant it.  In addition, a defense attorney can get your punishment reduced for a drug crime.  For example, your Minnesota attorney can get your sentence reduced to a stay of adjudication (no conviction) or a stay of imposition (no felony on the record after probation is over).  If you need a tough, experienced Minnesota Drug Crimes attorney on your side, call Keller Criminal Defense Attorneys today at 952-913-1421.

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

What to Do If You Have Been Charged with a Criminal Offense

People facing criminal charges in Minnesota often ask, “Can you defend yourself in court?” You can represent yourself in court when charged with a crime. Self-representation, however, is not typically in the accused's best interests, even if courts allow it.
Parents whose children have been arrested or accused of committing a heinous crime might wonder, “Can a minor be charged with a felony?” A minor aged 14 years or older but below 18 years may face felony charges in Minnesota.
People accused of or under investigation for assault might ask, “What are the charges for assault?” Minnesota has five levels of assault charges. First-degree assault is the most serious offense, and a conviction often results in the most severe penalties, like long prison time and hefty fines.