The state Supreme Court took swift action to reverse a ruling that would have barred Hawaii lawyers from helping to establish medical marijuana dispensaries even though dispensaries will be legal starting on July 15.
A formal opinion issued last month by the Disciplinary Board of the Hawaii Supreme Court concluded that Hawaii lawyers may not “provide legal services to facilitate the establishment and operation of a medical marijuana business” because selling pot is still a federal crime.
The ruling drew a quick negative response from about two dozen local attorneys, including former Honolulu Mayor Peter Carlisle and former state Attorney General David Louie, who are representing companies vying for one of eight licenses to open pot dispensaries.
The Supreme Court began a process Friday to change the Disciplinary Board’s ruling. The court is proposing the rule state that lawyers “may counsel or assist a client regarding conduct expressly permitted by Hawaii law, provided that the lawyer counsels the client about the legal consequences, under other applicable law, of the client’s proposed course of conduct.”
The court will take three weeks of public testimony before making a final decision on the rule change.
“The problem has been properly managed, and therefore this is now pretty much a nonissue,” Carlisle, a longtime city prosecutor, told the Honolulu Star-Advertiser. “All of the indications are that we will be proceeding in a fashion where we can uphold all of the deadlines and move forward with medicinal marijuana being available in Hawaii.”
Carlisle said the rule banning lawyers from working on dispensaries spurred several lawyers to take action.
“Once it seemed to be at risk, people started coming out from behind the shroud and moving forward and making their presence and their intentions known,” Carlisle said.
The Legislature passed a bill this year that allows for 16 dispensaries to open in Hawaii on July 15. The law allows for each licensee to operate two dispensaries and two grow centers: six on Oahu, four on Maui, four on Hawaii island and two on Kauai. The open application period begins Jan. 12, but applicants must show proof that they have at least $1.2 million in reserves 90 days prior to applying for a license.
There are roughly 13,000 residents registered to use medical marijuana in Hawaii, but under current state law they have to grow their own pot or buy it illegally.
At least nine states, including Washington and Colorado, which have legalized marijuana, have drafted new rules allowing lawyers to help set up cannabis dispensaries.
Public comment may be submitted by Oct. 16 in writing to the Judiciary at 417 S. King St., Honolulu 96813; by fax at 539-4801; or by email at
pao@courts.hawaii.gov
.
