January 6, 2021
RAPID CITY, S.D. (AP) – The South Dakota State Bar Association is advising attorneys against providing legal services to businesses seeking to produce or sell marijuana in the state.
South Dakota voters approved legalizing both recreational and medical pot on the same ballot in November.
In the State Bar’s January newsletter, the group says there’s no doubt that manufacturing, distributing or dispensing or possessing marijuana remains illegal under federal law.
It notes that the Rules of Professional Conduct for attorneys in South Dakota states “a lawyer shall not counsel a client to engage or assist a client in conduct the lawyer knows is criminal or fraudulent, but may discuss the legal consequences of that conduct.”