Ethical Issues in Representing Cannabis Clients: Conflicting Marijuana Laws, Model Rules, Ethics Opinions

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics and Specialty Credits
- event Date
Tuesday, September 16, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will provide attorneys guidance on the ethical challenges that arise in representing clients within the cannabis industry. The panel will discuss various ABA Model Rules, navigating contradictory federal and state laws covering cannabis, existing rules and ethics opinions from other jurisdictions, scope of work and assessing ethical risks, conflicts of interests, and other key ethical issues.
Faculty

Mr. Adelstone provides domestic and international legal counsel to a diverse clientele, including entrepreneurs, corporations, religious organizations, and federal and international cannabis operators. His practice spans corporate law, international policy, and cannabis regulatory compliance, helping clients navigate the complexities of the global cannabis industry and beyond. A recognized authority in the U.S. on international drug treaties, he has collaborated with legal and policy experts worldwide to address evolving cannabis laws, U.S. and EU regulatory challenges, and treaty obligations. Mr. Adelstone's expertise includes corporate governance, mergers and acquisitions, business formation, contract negotiation and drafting, restaurant and franchise law, and state and federal conflicts of law.

Mr. Sandell, a registered patent attorney, focuses his practice on counseling clients on strategic Intellectual Property matters; drafting and prosecuting patent applications; litigating patent infringement and other matters in federal district courts and the International Trade Commission; arguing federal appeals; and handling patent-related Amazon.com take-down disputes. He has a passion for advising start-ups and other innovative companies on Intellectual Property matters—and focuses on consumer electronics, medical device, food science, software, and cannabis technology areas. Mr. Sandell has argued in the U.S. Courts of Appeal for the Federal Circuit, the Ninth Circuit, and D.C. Circuit. He heads Mei & Mark’s cannabis law practice. Mr. Sandell frequently presents on the intersection of IP and the cannabis business to both IP attorneys and cannabis industry participants. He is also frequently quoted in media on related topics, including by Forbes and Marijuana Moment. Additionally, Mr. Sandell is an integral component of Mei & Mark’s grIP Venture Studio, which offers wide-ranging legal expertise for start-ups, emerging companies, and VCs.
Description
The legal framework of cannabis businesses and operations is ripe with ethical issues and concerns. Attorneys representing cannabis clients must consider issues pertaining to conflicting federal and state laws, competence, confidentiality, conflicts of interest, and other ethical risks in representing cannabis clients.
Attorneys representing cannabis clients, and the structuring of transactions and related documents, need to address how to identify and manage ethical dilemmas, including issues related to privileged information and potential conflicts between clients.
Listen as our panel discusses applicable rules and provides attorneys a deeper understanding of key ethical challenges in representing cannabis clients as well as provides practical tools for navigating these issues in their practice.
Outline
- Federal vs. state cannabis laws
- Schedule III on the horizon?
- Model rules and ethics opinions
- Attorney-client privilege and confidentiality
- Cannabis specific issues
- State, Federal, and International Practices
- Taxes and 280E opinions
- FDA and hemp
- Patents and Trademarks
Benefits
The panel will address these and other key considerations:
- What are the guiding ethical principles in representing cannabis clients?
- What is the scope of work you can take on for a cannabis client?
- What are some of the most common ethical challenges encountered in negotiating and drafting contracts?
- What ethical issues arise when you take an interest in a cannabis startup in lieu of fees?
- How do you navigate conflicting cannabis laws?
- What are best practices for safeguarding attorney-client privilege in cannabis law?
- What are some effective strategies for navigating the tension between zealous advocacy and adhering to ethical obligations in representing cannabis clients?
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