Ethical Considerations in Cannabis Law
Ethical Considerations in Cannabis Law



Live Webcast/Rebroadcast – You watch the course online at the specified date and time shown below. You can ask questions and receive answers during the course.

On-Demand – You watch the course anytime and will have access to the course 24/7. Our On-Demand courses are available within 5-10 business days after the original recording and accessible for one year.

Course Description

This program was recorded on February 5, 2019

Cannabis-related issues have permeated all aspects of the law, including, but not limited, to civil, administrative, real property, landlord/tenant issues, etc., and they will continue to be an ever-present topic in light of the state legalization efforts sweeping the nation. Representing clients engaged in or related to the cannabis industry can be ethically complicated due to continued federal prohibition. However, various bar associations throughout the country have given specific insight into the appropriate manner of representation in these instances. In this seminar, attorney Heather Burke will present a survey of the relevant ethics opinions, including those from Washington, Colorado and Oregon, and delve into the pitfalls that may arise without understanding the ethical boundaries of cannabis-related representation.

Attorney Heather L. BurkeHeather L. Burke
Heather is a Partner of Origin Group Law LLP in Nevada City where her practice focuses on legal issues affecting Northern California cultivators. She also recently co-founded The OG Law and Collaboration Center in Nevada City, California, a community collaboration center designed to support cannabis farmers throughout Northern California. Graduating from Humboldt State University in 2005, Heather has consistently set new legal precedent in California cannabis law. She was instrumental in the seminal California cannabis case, People v. Jovan Jackson, which established the rule that large-scale collectives and cooperatives may operate lawfully in California. She also co-drafted a proposed initiative for California cannabis legalization (2016), entitled The California Craft Cannabis Initiative, and drafted the legal pleadings that resulted in a five-day evidentiary hearing regarding cannabis’ Schedule I status in U.S. v. Pickard in the Eastern District of California (federal court).

Contact Heather L. Burke

1 Ethical Credit

ProLawCLE will seek approval of any CLE program where the registering attorney is primarily licensed with exceptions stated below. Application is made at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting.

ProLawCLE does not seek approval in the state of Virginia.

Each state has its own governing rules and regulations with regards to CLE courses and formats, therefore please contact your state MCLE regulatory entity for further details about your state's rules. Please visit our State Requirements page for information regarding your state's CLE requirements and/or contact information for your state bar.

As stated in our Reciprocity Provision, ProLawCLE will grant credit in the following states through reciprocity, therefore direct application will not be made in these states:


The following states are self apply. The attorney can apply for credit at no cost. We will provide documentation for them to apply:


OH Attorneys please note: OH Supreme Court will not approve any course that was aired more than 12 months prior.

SC Attorneys please note: Registration must occur no later than 5 business days from the event date or course accreditation is not guaranteed.

ProLawCLE is dedicated to providing quality education from expert speakers and ensuring each attorney receives CLE credit for their participation. If for some reason a particular course does not receive approval in the attorney's primary state of licensure, ProLawCLE will give credit for a future approved course or give a full refund, if applicable.

Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.

Read our full Reciprocity Provision here


  1. Federal law and regulation overview
  2. State by state survey of ethics opinions, compare/contrast of each
  3. The crime-fraud exception to attorney-client privilege
  4. Advising vs assisting
  5. Engagement letter parameters
  6. Disclaimers