Floridians overwhelmingly passed Amendment 2 in November 2016. This Amendment provides for the comprehensive medical marijuana program that has been introduced to the Sunshine State. Since the passage of Amendment 2, the Florida legislature passed SB8A during a special session to regulate Amendment 2, and implementation is underway by the Office of Medical Marijuana Use within Florida’s Department of Health. As with all states who have decriminalized, legalized, and now regulate cannabis, the regulations at the state and local levels are constantly developing and evolving.
Drawing on my experience as a Denver cannabis lawyer working with the Colorado marijuana industry since 2015, my firm is ideally situated to guide clients through what is undoubtedly a complex application process and continuing regulatory requirements from the state and local governments involved.
Marijuana, for medical uses or otherwise, remains ILLEGAL under federal law. Marijuana, for medical use or otherwise, remains ILLEGAL under state law unless acting with strict compliance with all laws, rules and regulations. Rachael Z. Ardanuy, Attorney at Law, P.C. is not advising, in any manner, that anyone should violate Florida or federal law, nor is Rachael Z. Ardanuy, Attorney at Law, P.C. instructing anyone on how to violate state or federal law. Advice and information presented is limited to state law issues and rights.
Rachael Z. Ardanuy, Attorney at Law, P.C. strictly complies with Florida Bar Rule 4-1.2(b),
and specifically with subsection (d) thereof, as follows:
4-1.2(d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a 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.
If the Firm comes to know or reasonably should know that client's expect assistance not permitted by the Rules of Professional Conduct or other law, or if the Firm intends to act contrary to the instructions, the Firm must consult with the Client regarding the limitations on the Firm’s conduct.
It is further acknowledged that, pursuant to the Comment to Criminal, Fraudulent, and Prohibited Transactions of Florida Bar Rule 4-1.2(d): A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client's conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.
Rachael Z. Ardanuy, Attorney at Law, P.C. maintains this website exclusively for informational purposes. It is not legal or other professional advice and does not necessarily represent the opinion of Rachael Z. Ardanuy, Attorney at Law, P.C. or its clients. No attorney-client relationship between you and Rachael Z. Ardanuy, Attorney at Law, P.C. is created by viewing this site, using information from it, or communicating with Rachael Z. Ardanuy, Attorney at Law, P.C. through this site or by e-mail.
Online readers should not act or decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes constantly, this website’s content may not indicate the current state of the law in regard to Marijuana in the State of Florida. Nothing on this site predicts or guarantees future results. Rachael Z. Ardanuy, Attorney at Law, P.C. is not liable for the use or interpretation of information contained on this site, and expressly disclaims all liability for any actions you take or do not take, based on this site’s content.