PHILADELPHIA BAR ASSOCIATION RESOLUTION REGARDING PROPOSED AMENDMENTS TO PENNSYLVANIA RULE OF PROFESSIONAL CONDUCT 1.2
WHEREAS, on April 17, 2016, Governor Thomas Wolf signed Senate Bill 3, legalizing medical marijuana in Pennsylvania; and
WHEREAS, the creation and implementation of the distribution model for medical marijuana in the Commonwealth is a process that is projected to take many months and will be quite complex; and
WHEREAS, there are many individuals and businesses already interested in becoming involved in the business activities, regulation and consumer use of medical marijuana; and
WHEREAS, these individuals and businesses are best served by receiving competent legal advice from and representation by Pennsylvania attorneys unfettered by a concern that counseling a client regarding conduct that is expressly permitted by Pennsylvania law, even if the attorney also addresses the legal consequences of other applicable law, nevertheless could violate Rule 1.2 of the Rules of Professional Conduct in its current form; and
WHEREAS, at present the production and distribution of marijuana remains illegal under federal law; and
WHEREAS, this issue was addressed in Joint Opinion 2015-100 of the Philadelphia Bar Association Professional Guidance and the Pennsylvania Bar Association Legal Ethics and Professional Responsibility Committees; and
WHEREAS, that opinion recommends a change to Rule 1.2d and the addition of Rule 1.2e; and
WHEREAS, the Disciplinary Board of the Supreme Court of Pennsylvania has given notice and asked for comment by June 3, 2016 on the changes proposed in that joint opinion, which notice with proposed changes is attached as Exhibit "A,"
NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association endorses the amendments to Pennsylvania Rule of Professional Conduct 1.2 as proposed by the Disciplinary Board of the Supreme Court of Pennsylvania in its "Notice of Proposed Rule Making,"
AND BE IT FURTHER RESOLVED that the Chancellor and/or the Chancellor's designee(s) shall communicate its position to the Disciplinary Board of the Supreme Court of Pennsylvania, the legal profession and the public and take such other action as may be necessary to effectuate this Resolution.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: May 26, 2016