The line between giving legal advice and acting as a compliance officer seems to blur more and more by the day. The American Bar Association of the model definition of the “practice of law” is less than helpful:
“The ‘practice of law’ is the application of legal principles and judgment with regard to the circumstances or objectives of a person that require the knowledge and skill of a person trained in the law.”
Therefore, if you are working in conjunction with an in-house compliance officer, or are a compliance officer, be sure to look into your state’s definition, as well as associated ethics opinions. State Bar(s) have taken a hands-off approach with cannabis to this point, but that figures to change as the industry matures and we inch closer to federal legalization.
DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.