On September 21, 2022, the Advisory Committee on Professional Ethics issued Opinion 744, advising that lawyers may both (a) use regulated cannabis and (b) operate or invest in a regulated cannabis business, without violation of RPC 8.4(b) (regarding attorney misconduct).

RPC 8.4(b) provides that it is professional misconduct for a lawyer to “commit a

States have struggled with advising lawyers admitted to their bars as to whether and to what extent they can advise their clients on cannabis-related issues knowing that federal law still forbids the possession, distribution, sale, or use of marijuana.  The concern is that under the Rule of Professional Conduct 1.2(d) “A lawyer shall not counsel