Missouri medical marijuana lawyers worry about discipline
Legal Compliance
Attorneys who represent clients in the medical marijuana industry are concerned they might face discipline under a state Supreme Court directive that appears to put federal law in conflict with state law.
The directive, which took effect July 1, says attorneys cannot participate in — or advise clients how to participate in — acts that are illegal under federal law but legal under state law. Medical marijuana is illegal under federal law but was approved by Missouri voters in 2018.
Attorney Dan Viets, of Columbia, who represents medical marijuana clients, said he recently asked the state Supreme Court Advisory Committee whether he could be disciplined under the directive, The St. Louis Post-Dispatch reported.
Viets said attorneys drafting the 2018 constitutional amendment legalizing medical marijuana anticipated the conflict and included protections in the amendment’s text for attorneys working in the legal marijuana industry.
The Missouri amendment says, in part: “An attorney shall not be subject to disciplinary action by the state bar association or other professional licensing body for owning, operating, investing in, being employed by, contracting with, or providing legal assistance to prospective or licensed” medical cannabis businesses.
“I was very concerned,” Viets said, adding the state Supreme Court’s directive “appears to contradict the Missouri Constitution. ... I just don’t understand how the court can do that.”
The Supreme Court’s ruling followed the filing of more than 800 lawsuits by medical marijuana entrepreneurs who had been denied business licenses by the state after a controversial application process.
Beth Riggert, spokeswoman for the Missouri Supreme Court, said the court would not comment on the order.
Related listings
-
Justices rule Muslim men can sue FBI agents over no-fly list
Legal Compliance 12/11/2020A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.The justices continued a string of de...
-
Supreme Court to hear case about juvenile life sentences
Legal Compliance 11/04/2020The Supreme Court is to hear arguments in a case that could put the brakes on what has been a gradual move toward more leniency for children who are convicted of murder. The court has concluded over the last two decades that children should be treate...
-
Virus spreads on panel handling Supreme Court nomination
Legal Compliance 10/03/2020Two Republican members of the Senate Judiciary Committee have tested positive for the coronavirus, raising questions about the timing of Supreme Court confirmation hearings for Judge Amy Coney Barrett and whether additional senators may have been exp...
USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.