The Board of Professional Conduct has received two requests from attorneys seeking ethical guidance regarding H.B. 523, signed by Gov. John R. Kasich on June 8. The law permits Ohio doctors to prescribe marijuana for qualified patients and permits the cultivation, processing, and dispensing of medical marijuana through the issuance of various state-regulated licenses.

The questions submitted to the Board concern: (1) the scope of services Ohio attorneys may provide to businesses that directly or indirectly engage in businesses related to the cultivation and sale of medical marijuana; (2) attorney ownership in related businesses; and (3) personal use of marijuana by an Ohio attorney. The Board’s Advisory Opinion committee is currently working with Board staff to research the relevant issues and expects to make a recommendation to the Board in August.

The Board is authorized by the Supreme Court Rules for Government of the Bar of Ohio Rule V, Section 2(D) to issue nonbinding advisory opinions in response to prospective or hypothetical questions regarding the application of the Ohio Rules of Professional Conduct. Attorneys with questions about medical marijuana not presently before the Board may submit written questions for consideration on or before July 11 to the attention of Director Richard Dove at rick.dove@sc.ohio.gov.