Friday, July 1, 2016 | 12:45 a.m.
A Nevada Supreme Court hearing proposing a revision to rules of professional conduct for attorneys’ involvement in the medical marijuana industry has been rescheduled from next week to later this summer, the court said Thursday.
The open-to-the-public hearing, originally scheduled for July 7, proposed adding a clause saying that the sale, use or possession of marijuana — even when allowed by state law — is prohibited by federal law and could result in misconduct actions for attorneys. It was rescheduled to 3 p.m. Sept. 9 in Carson City’s Supreme Court Courtroom, 201 South Carson St.
“Marijuana is still considered an illegal substance under the feds,” explained Michael Sommermeyer, spokesman for the Nevada Supreme Court, earlier this month, “and federal law trumps state law.”
The court also extended the period for written public comment, from July 1 to Sept. 2. Comments must be submitted in hard-copy only by 5 p.m. that date to Supreme Court Clerk Tracie K. Lindeman, 201 South Carson St., Carson City, NV 89701.
The hearing came about at the request of the State Bar of Nevada, “seeking guidance” from the court on the role of attorneys in the industry under its “Rule of Professional Conduct,” Sommermeyer said.
It follows a 2014 comment on the same rule, which upheld Nevada attorneys’ right to provide counsel to clients in the industry.
If upheld, the new language, which states that “use, possession and distribution of marijuana in any form still violates federal law,” would force Silver State attorneys to “divest immediately” or risk losing their law licenses, Sommermeyer said. The vaguely worded addition is directed primarily at dispensary-owning attorneys.
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