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.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and 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. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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

Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.
Minnesota recently passed a public safety bill that brings sweeping changes to the state’s juvenile justice system. While minors sometimes run afoul of the law, the juvenile justice system seeks to account for the differences between children and adults. Therefore, while the penalties for adults convicted of crimes focus on punishment, those for juveniles are aimed at diversion and restorative practices.