WA Lawyers Seek Safe Harbor For Using, Advising On Marijuana

After Washington state’s recent move to legalize marijuana, the King County Bar Association has asked the Washington State Supreme Court to expedite review of a proposed safe harbor for lawyers in Washington who use marijuana, or advise clients who do. The group is concerned about the ethical dilemma lawyers face when advising clients in areas that may be seen as in conflict with federal laws.

The KCBA reached out to the court earlier this month, noting that under normal rulemaking processes no guidance would be issued until September 2014. “Attorneys who in good faith wish to advise clients on Washington State law should not face the possibility of ethics complaints,” the group wrote. “We owe them and their clients timely guidance in this area.” KCBA asked that the state Supreme Court issue a decision by December 1, or adopt a temporary moratorium on disciplinary action by the Washington State Bar Association until the proposal can be considered.