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US (SD): South Dakota lawyers cannot serve cannabis businesses while sale remains federal crime

The State Bar of South Dakota ethics committee says a South Dakota lawyer may not ethically provide legal services to a client engaged in cannabis activities when sale of cannabis is legal in South Dakota but prohibited by federal law.

This story originally said the opinion came from the South Dakota Supreme Court. That was incorrect.

The ethics opinion was published Monday in the latest issue of the State Bar of South Dakota newsletter.

The opinion cites rule 1.2(d) of the South Dakota Rules of Professional Conduct that states:

“[a] lawyer shall not counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent, but lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.”

Read more at keloland.com

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