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1 BLACK & LOBELLO NEWSLETTER YOU HAVE BEEN SERVED! VOL 1. ISSUE 2 2014 NEWSLETTER JUNE 2014 IN THIS ISSUE WILL LAWYERS BE ALLOWED TO GIVE ADVICE ON MEDICAL MARIJUANA? .................... 1-2 CANNABIS OR CUSTODY? ... 2 METRO IMPLEMENTS POLICY SHIFT FOR NON-INJURY AUTO ACCIDENTS ......................... 3 GENERAL OVERVIEW OF GUN LAWS IN NEVADA ................ 4 GPS AND YOUR FOURTH AMENDMENT RIGHTS .......... 5 GUNS AND PROBATE ........ 5-6 MARIJUANA IS BIG BUSINESS AND INNOVATIVE HEALTHCARE FOR NEVADANS ............... 6-7 CLIENT CORNER ................... 8 10777 West Twain Ave. Third Floor Las Vegas, Nevada (702) 869-8801 WILL LAWYERS BE ALLOWED TO GIVE ADVICE ON MEDICAL MARIJUANA? — Tisha Black Chernine, Esq. A s marijuana moves from the shad- ows into the regulatory sunlight and becomes a business, marijuana busi- nesspeople may not find legal counsel readily available. Nevada lawyers are prohibited from assisting clients in the com- mission of a crime. Although Nevada has passed laws and enacted regulations enabling the establishment and operation of businesses engaged in the production, testing and sale of medical marijuana, the manufacture and sale of marijuana remains a federal offense punishable by up to 25 years in prison. Further, lawful participation in a state legislated program is not a defense to federal prosecution. Therefore, advising clients with regard to Nevada's medical marijuana is prohibited because participation in Nevada's Medi- cal Marijuana Program is a federal crime. This places Nevada attorneys counseling medical marijuana clients in a paradox. Businesses have shareholders, employ- ees, contracts and liabilities, and in most cases these proprietors seek lawyers for assistance with these and other "standard" legal issues. This usual relationship is com- plicated by the fact that the production and sale of marijuana remains a federal offense. However, it is expected that a client should be able to seek advice from an attorney in order to ensure that their practices are consistent with the statutory and regulatory scheme, and thereby ensure that the public is properly protected. With- out this legal advice, not only is Nevada's medical marijuana program jeopardized, so are the numerous patients who are in need of this important medication. There are many who believe that mari- juana is pernicious drug with no medical benefit. However, the tide against those believers continues to rise. The debate regarding the appropriateness of mari- juana being categorized as a Schedule 1 narcotic is growing. Many critics and studies characterize marijuana as a rel- atively benign substance, one that is far less harmful than alcohol and tobacco both of which are legal, regulated, and taxed. Others who favor the medicinal use of marijuana praise it is a powerful medicine, effective at treating seizures, pain, nausea and other ailments. The continuing public relaxation of pro- hibiting the use of marijuana has resulted in state level decriminalization of the drug. In fact, more than one third of the states in the Union permit, or soon will permit, the use of marijuana in some form. As states begin to pass laws permitting marijuana usage, the gray area of legality continues to grow. On one hand, medical marijuana AT T O R N E Y S A T L A W A T T O R N E Y S A T L A W