The South Dakota State Bar Association does not advise lawyers to provide legal services to companies that manufacture or sell marijuana in the state.
South Dakota voters approved the legalization of recreational and medicinal pots in November on the same ballot.
The State Bar’s January newsletter said there is no doubt that the making, distribution, supply, or possession of marijuana remains illegal under federal law.
The South Dakota Attorney’s Code of Conduct states, “An attorney must not advise a client to involve or assist a client in conduct that the attorney knows is criminal or fraudulent, but can deal with the legal consequences of it Discuss behavior. “
The association says an attorney may not provide ethical services to assist a client in setting up a license or otherwise running a marijuana business, KOTA-TV reported.
The prosecution’s website states that lawyers who fail to adhere to the code of conduct “may be disciplined and receive penalties ranging from private reprimand to permanent loss of the right to exercise”.
The legalization of marijuana in South Dakota faces several challenges as voters approved Amendment A, which legalized recreational marijuana and Initiated Action 26, which legalized medical marijuana. Two state law enforcement officers have filed a lawsuit alleging Amendment A is unconstitutional.
Governor Kristi Noem has spoken out against both measures, saying they are “the wrong choice” for South Dakota.
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