The New Jersey Supreme Court’s Advisory Committee on Professional Ethics has published this opinion. Under New Jersey law and practice it is subject to discretionary review by the Supreme Court on the Justices own motion, or the request of any member of the bar or any bar association.
No such review is expected. – GWC
OPINION 744
Lawyers May Use Regulated Cannabis,
and Operate or Invest In a Regulated
Cannabis Business; No Violation of RPC
8.4(b)
The Advisory Committee on Professional Ethics received an inquiry about whether New Jersey lawyers may, consistent with the Rules of Professional Conduct, use regulated cannabis. In addition, the Secretary received attorney ethics research assistance hotline calls from New Jersey lawyers who inquire about the application of the Rules if they were to operate or invest in regulated cannabis businesses. As explained below, the Committee determines that the Rules of Professional Conduct do not forbid lawyers from engaging in such conduct. While the conduct remains technically illegal under federal law, it does not, as a general matter, violate Rule of Professional Conduct 8.4(b) (prohibiting lawyers from committing “a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects”).
Professional Responsibility: A Contemporary Approach 