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Citizens Question Why It’s Nearly Impossible to Find Attorneys Willing to Represent Them

Posted on December 26, 2023

There was good conversation to be had at a recent Concerned Citizens meeting about local attorneys and how it’s nearly impossible to find one willing to represent citizens who have a case against a marijuana business or county government relating to marijuana issues.  Some said they called well over 2 dozen attorneys across the state and all refused.  We also know that at least 3 attorneys are business partners in 3 local marijuana businesses in Butte County.  We came across this article in the RC Journal dated January of 2021.  Could this be the answer to our questions?  Is having lawyers as business partners the loophole they needed?

“The South Dakota State Bar Association is advising attorneys against providing legal services to businesses seeking to produce or sell marijuana in the state.

South Dakota voters approved legalizing both recreational and medical pot on the same ballot in November.

In the State Bar’s January newsletter, the group says there’s no doubt that manufacturing, distributing or dispensing or possessing marijuana remains illegal under federal law.
It notes that the Rules of Professional Conduct for attorneys in South Dakota states “a lawyer shall not counsel a client to engage or assist a client in conduct the lawyer knows is criminal or fraudulent, but may discuss the legal consequences of that conduct.”
The association says a lawyer may not ethically provide legal services to assist a client in establishing licensing or otherwise operating a marijuana business, KOTA-TV reported.
The state bar’s website states lawyers who fail to abide by the Rules of Professional Conduct “may be disciplined and given penalties ranging from a private reprimand to permanent loss of the privilege to practice law.”

The legalization of marijuana in South Dakota is facing several challenges since voters approved Amendment A, which legalized recreational marijuana, and Initiated Measure 26, which legalized medical marijuana. Two state law enforcement officials, including Pennington County Sheriff Kevin Thom, have filed a lawsuit claiming Amendment A is unconstitutional.”

 

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