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Colorado Federal Lawsuit Could Have Far Reaching Effects on US Marijuana Industry

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 30, 2018, a federal trial in Colorado could have far-reaching effects on the United States’ marijuana industry if a jury sides with a couple who say having a cannabis business as a neighbor hurts their property’s value. The Denver trial is the first time a jury will consider a lawsuit using federal anti-racketeering law to target cannabis companies.

The Suit.

The couple bought the Colorado land for its views of Pikes Peak and built a house on the rural property. But, they claim “pungent, foul odors” from a neighboring indoor marijuana grow operation have hurt the property’s value and their ability to use and enjoy it.

Vulnerability to similar lawsuits is among the many risks facing marijuana businesses licensed by states but still violating federal law. Suits using the same strategy have been filed in California, Massachusetts and Oregon.

Why This Suit is A Big Deal.

Congress created the Racketeer Influenced and Corrupt Organizations Act (RICO) allowing prosecutors to argue leaders of a criminal enterprise should pay a price along with lower-level defendants. The anti-racketeering law also allows private parties to file lawsuits claiming their business or property has been damaged by a criminal enterprise. Those who prove it can be financially compensated for damages times three, plus attorneys’ expenses.

In 2015, those who opposed the marijuana industry decided to use this strategy against marijuana companies along with investors, insurers, state regulators and other players. A Denver-based federal appeals court ruled in 2017 that the couple could use anti-racketeering law to sue the licensed cannabis grower neighboring their property. Insurance companies and other entities originally named in the couples’ suit have gradually been removed, some after reaching financial settlements out of court.

The question now is whether the jurors will accept the argument and agree to the amount of $1 million.

Be sure to check our Marijuana Law Blog regularly and stay on top of the latest news.

To read another blog I wrote on a medical marijuana case in Colorado, click here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Foody, Kathleen. “Colorado Lawsuit Could Ripple Through US Cannabis Industry.” Health News Florida. (October 30, 2018). Web.

“Colorado Lawsuit Could Ripple Through US Cannabis Industry.” The Associated Press. (October 30, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Growing marijuana industry, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana criminalization, legal representation for marijuana regulations, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2018-11-28T19:15:12+00:00November 28th, 2018|Marijuana Law Blog|0 Comments

Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The resignation of Florida’s medical marijuana chief on August 17, 2018, and a series of recent court losses, has once again threatened the state’s efforts for controlled legalization of marijuana.

On August 2, 2018, a Tallahassee judge struck down the licensing structure that the state Legislature and Department of Health (DOH) enacted for medical marijuana providers. In his order, Circuit Judge Charles Dodson said the state’s imposition of a cap on the number of medical marijuana treatment centers and its requirement for vertical integration from growing to dispensing “directly contradicts” a 2016 amendment to the Florida Constitution.

“Implementing” the Law or Impeding the Law?

In 2014, the Florida Legislature took the first step toward a sane approach to marijuana by legalizing a non-euphoric strain, known as Charlotte’s Web.

In November 2016, Amendment 2 to the Florida Constitution, legalizing medical marijuana, passed with 71 percent approval, its authorization for medical use. However, since that happened, state officials, state bureaucrats and the state legislature have done nothing but attempt to restrict and impede its use, ignoring the will of the people they are supposed to be serving.

The legislature passed an “implementing” law for the amendment in 2017, but the rule-making process and initial rollout has been slow and bogged down by complex litigation. To read more on the law, click here.

Attempts to artificially limit the number of growers, the number of dispensaries, and the forms that are legal to use, have all been used to impede implementation.

Such herculean efforts by state bureaucrats and legislatures, who are supposed to be carrying out the will of the citizens, is unconscionable. Even when the Florida Constitution itself requires them to preform certain duties, they just obstruct, obstruct, obstruct. Thank goodness for conscientious judges like Judge Dodson, who honor the law, follow the law, and will hopefully help enforce the law, regardless of the politics of those who chose to ignore and impede it.

This just shows that future constitutional amendments concerning the legalization of marijuana and marijuana products, and I am sure nothing less than additional constitutional amendments will be required, will need to state that they are self-implementing and no act of the state legislature or rule of any state agency is required carry it out. In fact, any such future constitutional amendment should specifically prohibit them from interfering with its implementation.

Ongoing Legal Battles.

With the recent rulings rejecting a smoking ban and saying a cancer patient can grow his own plants, experts fear that Judge Dodson’s August ruling will drastically alter the current landscape. Lawyers, who specialize in the field of marijuana law, say this ruling has the greatest potential impact of any decision to date. Additionally, banking and money issues, litigation and politics have continued to shake up the outcome.

Thanks for attorney John Morgan and other advocates who take up and challenge the attempts to fight the will of the people of Florida. During the next election, marijuana advocates should run advertisements specifically targeting those officials who enacted legislation or who attempted to enact agency rules placing obstacles to implementing the constitutional amendment.

What Outcome is Best for the State of Florida?

The state of Florida has the potential to become one of the nation’s largest markets for medical marijuana, likely worth billions of dollars. It has the third-largest population, which is growing and features a large number of elderly residents, lawyers noted. So, when it comes to medical marijuana, the question remains, “What is best for the state of Florida in the long run?”

To learn more on the status of Florida’s marijuana legalization, click here to read one of my prior blogs. Be sure to check our Marijuana Law Blog regularly for updates.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hale, Nathan. “Fla. Medical Marijuana Measure May Boost Business For Firms.” Law360. (October 25, 2016). Web.

Hale, Nathan. “Setbacks Shake Up Fla.’s Medical Marijuana Rollout.” Law360. (August 17, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: Florida medical marijuana legislation, medical marijuana representation, marijuana attorney, medical marijuana lawyer, marijuana defense attorney, legal representation for medical marijuana issues, Florida marijuana law attorney, marijuana law defense lawyer, representation for marijuana growers, representation for marijuana distributors, defense attorney for marijuana growers, defense attorney for marijuana distributors, defense lawyer for medical marijuana, decriminalization of marijuana in Florida, health law defense attorney, Florida medical cannabis representation, medical cannabis lawyer, cannabis defense lawyer, medical marijuana defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, legal representation for marijuana criminalization, legal representation for marijuana regulations, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2018-09-04T18:23:45+00:00September 17th, 2018|Marijuana Law Blog, Medical Marijuana|0 Comments

Florida Appeals Court Rules Smoking Medical Marijuana Not Allowed During the Legal Process

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 3, 2018, the First District Court of Appeal reinstated an automatic stay on the lower court’s decision that an existing medical marijuana smoking ban is unconstitutional. The lower court ruled that smoking marijuana is an acceptable medical treatment. However, marijuana opponents obtained a stay on allowing it while they appeal. The appeals court disagreed with Circuit Judge Karen Gievers’ previous decision to lift the stay.

The appeals court found that the plaintiffs failed to demonstrate that they will suffer irreparable harm if the automatic stay is reinstated. In May 2018, Judge Gievers ruled that Section 29 in the Florida Constitution allows qualifying patients to access, possess and use marijuana for medical treatment as recommended by their physician, with no restriction on the method of use except for a ban on smoking in public. Click here to learn more on her recent judgement.

The appeals court stated that after a preliminary review of the wording of the Medical Marijuana Amendment and the disputed law, it concluded that the plaintiffs had not sufficiently demonstrated a likelihood of success on the merits as required to justify vacating the automatic stay.

The case is People United for Medical Marijuana Inc. et al. v. Florida Department of Health et al., case number 2017-CA-001394, in the Circuit Court for the Second Judicial Circuit of Florida. To view the order in full and learn more, click here.

For more information on another one of Judge Gievers recent cases involving medical marijuana, click here to read one of my prior blogs.

Still hazy on the status of medical marijuana in Florida? Check our Marijuana Law Blog regularly for news updates!

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hale, Nathan. “Medical Pot Smoking Ban Stays In Place As Fla. Fights On.” Law360. (July 6, 2018). Web.

“Up in smoke: Appeals court rejects bid to allow smokable medical marijuana in Florida.” News Service of Florida. (July 3, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: Florida medical marijuana legislation, medical marijuana representation, marijuana attorney, medical marijuana lawyer, marijuana defense attorney, legal representation for medical marijuana issues, Florida marijuana law attorney, marijuana law defense lawyer, representation for marijuana growers, representation for marijuana distributors, defense attorney for marijuana growers, defense attorney for marijuana distributors, defense lawyer for medical marijuana, decriminalization of marijuana in Florida, health law defense attorney, Florida medical cannabis representation, medical cannabis lawyer, cannabis defense lawyer, medical marijuana defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, legal representation for marijuana criminalization, legal representation for marijuana regulations, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2018-07-24T15:54:56+00:00July 12th, 2018|Marijuana Law Blog, Uncategorized|0 Comments

Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 20, 2018, a Pennsylvania court agreed that a company that lost out on a potentially profitable cannabis dispensary permit needed to exhaust administrative remedies before it could file suit. The suit would challenge the constitutionality of the application process for the state’s new medical marijuana program.

A court panel rejected arguments from Keystone ReLeaf LLC (Keystone), which has asked that all medical marijuana permits issued by the state’s Department of Health (DOH) be revoked. Keystone claims that the administrative appeals process did not offer an adequate remedy for the denial of its application.

Keystone’s lawsuit accused the DOH, along with its new Office of Medical Marijuana, of engaging in an inequitable and unconstitutional permitting process. Additionally, Keystone claims the DOH failed to explain how it scored the applications.

The company was one of 450 to submit applications to the DOH as the Pennsylvania Medical Marijuana Act took effect under a set of temporary regulations in 2017. There were 12 growing and processing permits and 27 dispensary permits issued through the initial application process.

In response, the DOH filed preliminary objections to the lawsuit seeking dismissal based on Keystone’s failure to complete the appeals process.

The court stated that challenges to the constitutionality of permitting programs typically did not require the exhaustion of administrative remedies. However, Keystone’s lawsuit dealt with how the department was applying the act and regulations governing its implementation. Additionally, where Keystone claimed it did not have an adequate administrative remedy available, the court determined the process needed to be completed before any court could make such a judgment.

To read the court’s opinion on this case, click here.

To stay on top of medical marijuana policy, click here to read one of my prior blogs and check our Marijuana Law Blog regularly.

Contact Experienced Health Law Attorneys for Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Fair, Matt. “Pa. Court Won’t Derail State’s Medical Marijuana Program.” Law360. (April 20, 2018). Web.

Miller, Matt. “Jilted medical marijuana permit applicant’s ‘premature’ appeal to Pa. court goes up in smoke.” PennLive. (April 21, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Growing marijuana industry, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana criminalization, legal representation for marijuana regulations, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2018-07-05T17:37:59+00:00July 5th, 2018|marijuana law, Marijuana Law Blog|0 Comments

Pennsylvania House of Representatives Passes Medical Marijuana Bill

George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On March 16, 2016, Pennsylvania’s House of Representatives passed a measure that would legalize medical marijuana in certain forms. The vote was 149-43, with all voting Democrats and more than half of Republicans in support of the bill. The bill now moves onto the Senate, which has already approved an earlier version of the measure 10 months ago.

Growth in Medical Marijuana Programs.

In 2014, the Senate approved medical marijuana legislation, but stalled in committee and never reached a vote in the House. In 2015, the original version of the bill passed the Senate by a 40-7 vote. House Sen. Mike Folmer, R-Lebanon, who is a major proponent of medical marijuana said, “We want to get this done ASAP.”

The bill that passed would establish a system of growers and dispensaries to provide marijuana to patients with certain conditions. These conditions include cancer, epilepsy, HIV and AIDS, and post-traumatic stress disorder (PTSD). All patients are required to be certified by a doctor.

The Stipulations of the Bill.

Under this bill, patients would be allowed to use marijuana in the form of a pill or oil, or through vaporization but they would not be allowed to smoke it. Sales from the dispensaries would be taxed at 5 percent, with the money paying for the Department of Health (DOH) operations for the program. It will also go toward law enforcement and drug abuse services and for research about medical marijuana in general.

Gov. Tom Wolf, indicated that he was eager to pass the legislation and sign the finished product. “We will finally provide the essential help needed by patients suffering from seizures cancer and other illnesses,” Mr. Wolf stated.

If you want to learn more about medical marijuana legislation, click here to read our medical marijuana law blog.  Be sure to check back regularly as we update our blog with helpful information frequently.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Packel, Dan. “Medical Marijuana Bill Clears Pa. House.” Law360. (March 16, 2016). Web.

Langley, Karen. “Pennsylvania House passes medical marijuana bill.” Post-Gazette Harrisburg Bureau. (March 16, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: medical marijuana, medical marijuana growers, medical marijuana cultivation, medical marijuana license, Pennsylvania medical cannabis, medical marijuana lawyer, marijuana attorney, low-THC cannabis, medical cannabis, Department of Health (DOH), Compassionate Medical Cannabis Act, medical marijuana regulations, The Health Law Firm, health law attorney, cannabis for treatment of debilitating medical condition, formal administrative hearing

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

What You Should Know Before Dabbing Into the Risks of Marijuana-Related Mergers and Acquisitions

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

As public support grows for the legalization of marijuana in the U.S. and Canada, mergers and acquisitions lawyers should be studying up now on the ins and outs of cannabis compliance. In the U.S., there are 29 states, the District of Columbia, and the territories of Guam and Puerto Rico, which have all legalized medical marijuana. In addition, there are nine states including Colorado and Massachusetts have recently legalized the drug for recreational use.

As a result, there is expected to be a serious increase in marijuana-related mergers and acquisitions activity. Now is the time for lawyers to research and prepare for the types of problems that may arise.

Regulatory Compliance.

One of the most serious issues related to conducting business or providing legal services in the cannabis industry is regulatory compliance and, specifically, the increased legal risk. Currently, the steps needed to ensure regulatory compliance are different depending on the type of deal.

The most popular types of business ventures seem to be minority businesses and venture capital investments into ancillary companies. These include dispensary advertising and delivery systems such as vapor (vape) pens and electronic cigarettes (e-cigs).

It’s important for mergers and acquisitions attorneys to come to terms with rapid growing interest from clients. Typically, the first step is trying to outline the best practices for the client. An experienced attorney may be able to assist in developing compliance procedures to mitigate some of the risks.

Other Challenges.

Banks and insurers have so far been very unwilling to help with financing in the marijuana industry. The negative stigma attached to weed makes it far more difficult to wheel and deal as compared to other industries.

In January 2018, Attorney General Jeff Sessions issued a memo calling marijuana a “dangerous drug” and marijuana-related activity a “serious crime.” Click here to read the memo. The current administration’s disapproval of the drug could have a negative effect on marijuana-related mergers and acquisitions. Therefore, attorneys who have experience navigating the complexities of deals in the marijuana industry are expected to be in high demand for the foreseeable future. To read one of my prior blogs on the status of legalized marijuana in the U.S., click here.

Contact Experienced Health Law Attorneys for Medical and Recreational Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Horney, Benjamin. “Lawyers Needed To Cut Through The Weeds Of Pot M&A.” Law360. (March 2, 2018). Web.

Weinmann, Karlee. “Buzzing Pot Industry Poised For M&A Evolution Despite Risks.” Law360. (January 21, 2015). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Growing marijuana industry, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana criminalization, legal representation for marijuana regulations, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2018-07-09T19:27:07+00:00May 15th, 2018|marijuana law|0 Comments

Orlando One Step Closer to Decriminalizing Marijuana as Commissioners Approve New Ordinance

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 18, 2016, Orlando moved a one step closer to effectively decriminalizing small amounts of marijuana. The City Council narrowly backed a measure that would allow officers to issue tickets to some people caught with the drug.

Orlando commissioners voted 4-3 to approve the ordinance, which would make possession of 20 grams (about two-thirds of an ounce) or less a violation of city code carrying a $50 fine for first-time offenders.

Marijuana Still Remains a State Crime.

Even if it passes, marijuana possession will remain a state crime in Florida. Orlando police Chief John Mina said officers may still make arrests even for small amounts in the future, depending on the circumstances including the offender’s record. Officers already have the option to confiscate small amounts of marijuana without making an arrest.

“This cannot [and] will not replace the criminal state statute … our officers will have the discretion to arrest in certain situations,” Mina said. “This just gives them another option.”

The council plans to take a final vote on the measure on May 9. If approved then, it would take effect immediately.

To read one of my prior blogs on marijuana legislation in Florida, click here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Weiner, Jeff. “Orlando narrowly approves marijuana ordinance on first vote.” Orlando Sentinel. (April 18, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Florida marijuana legislation, decriminalization of marijuana in Florida, health care attorney, defense lawyer, health law defense attorney, medical marijuna, Florida medical cannabis, medical marijuana defense attorney, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

New Medical-Marijuana Amendment to be Reviewed for Inclusion on Ballot

Attorney George F. Indest III Headshot By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A new medical-marijuana amendment will be reviewed by the Department of State. The second push in Florida has more than 100,000 signatures in favor to date. The petitions were given to the state on Wednesday by an organization called United for Care.

This Year’s Version Addresses Loopholes.

Critics have said legal marijuana would result in dispensaries on street corners, minors obtaining joints and giving drug dealers a legal supply. This year’s version of the amendment will address all of these issues. It will allow the state to ban felons who are working as care-givers from purchasing for qualified patients.

The New Version Gives New Definition for ‘Qualified Patient.’

Additionally, the amendment tightens the definition of “qualified patient.” A patient must have one of a list of serious diseases like cancer and HIV/AIDS or a disease of “the same kind or class.” Last year, the version allowed doctors to prescribe marijuana for any condition they believed the benefits outweighed the risk.

The Department of State Must Review in 30 Days.

The Department of State has 30 days to review the 100,000 signatures. It does this in order to make sure at least 68,317 of the signatures are valid. Then, the state Supreme Court will determine if the proposal is constitutional and focuses on one subject. Ben Pollara, campaign manager at United for Care, says they expect to have the review date by mid-August.

To read a past blog on the 2015 policy, click here.

Comments?

Did you sign the petition? Do you agree with the stricter policies? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Sweeney, Dan. “New medical-post amendment advances.” Orlando Sentinel. (July 23, 2015). Print.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: United for Care, defense attorney, health law, health care attorney, health care lawyer, health investigation, medical license, Department of State, health attorney, medical marijuana lawyer, medical cannabis, cannabis, marijuana, THC, medical THC, health conditions, cancer, cancer patients, medical marijuana petitions, petitions, Florida, Florida marijuana, petition for rule challenge

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Could Marijuana Be a Successful Treatment For Opioid Addiction? Lawmakers Are Considering This Alternative Treatment

Attorney George F. Indest III Headshot By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Recently, a growing number of patients and doctors have claimed that medical marijuana may help treat addiction to painkillers and heroin. These claims have intrigued lawmakers and advocates who are pushing for marijuana as a treatment for the abuse of opioids and narcotics like heroin, as well as an alternative to painkillers.

One Problem: Very Little Supporting Research.

As there has been a growing problem with addiction to painkillers and heroin, this seems like a promising treatment. There is one problem however.  There is very little research showing that marijuana works effectively as a treatment for the addiction.

According to advocates, a growing amount of scientific literature supports the idea and a study in the Journal of Pain published in 2016, found that chronic pain sufferers significantly reduced their opioid use when taking medical marijuana.

The supporting research also falls short of concluding marijuana actually helps wean people off painkillers and illegal narcotics like heroin. Many health care professionals say it’s not enough for them to confidently prescribe marijuana as a treatment for addiction.

Is Marijuana a Safe Alternative?

Even though some patients and doctors have claimed the treatment is successful, not everyone is convinced. Cannabis could have limited benefits as a treatment alternative, said Harvard Medical School’s Dr. Kevin Hill, authored the Journal of American Medical Association (JAMA) study that found benefits in using medical marijuana to treat chronic pain. But he also urged caution.

“If you are thinking about using cannabis as opposed to using opioids for chronic pain, then I do think the evidence does support it,” he said. “However, I think one place where sometimes cannabis advocates go too far is when they talk about using cannabis to treat opioid addiction.”

Additionally, some substance abuse experts argue that there are already approved medications to treat addiction. They also claim that it would be wrong to portray marijuana as completely safe because it can also be addictive.

To read one of my prior blogs on medical marijuana and the list of recommended uses, click here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Casey, Michael. “Could Marijuana Help Treat Painkiller and Heroin Addiction?” Associated Press. (April 26,2016). Web.

“Could Marijuana Help Treat Painkiller and Heroin Addiction?” CBS News. (April 26, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Marijuana treatment for opioid addiction, alternative addiction treatment, alternative for painkillers, Florida medical marijuana, medical marijuana legislation, medical marijuana laws, medical cannabis, Journal of the American Medical Association (JAMA), Journal of Pain, medical marijuana stores, medical marijuana license, medical marijuana legalization, medical marijuana lawyer, defense attorney, health lawyer, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law

Barnhart v. Dep’t of Health, Div. Admin. Hearings, Case No. 15-1271RP (Final Order April 10, 2015).

Following is a summary of a recent Division of Administrative Hearings case summary, taken from The Florida Bar Administrative Law Section Newsletter, Vol. 36, No. 4 (June 2015).

FACTS: On February 6, 2015, the Department of Health (“DOH”) published a notice of proposed rule-making setting forth the text of six proposed rules to implement the Compassionate Medical Cannabis Act of 2014 (“the Act”). The Act provides in part that certain physicians treating patients suffering from cancer or a condition that chronically produces seizures or severe muscle spasms may order low-THC cannabis for those patients’ treatment.

The Petitioner filed a Petition asserting that one of the proposed rules (64-4.002) is an invalid exercise of delegated legislative authority.  In support thereof, the Petitioner alleged that she is a four-year-old Florida resident diagnosed with an inoperable brain tumor, and she treats her condition with medical cannabis extracts. The Petitioner further alleged that she plans to register with the Office of Compassionate Use Registry to become a “qualified patient” for the medical use of low THC cannabis.

The Petition also contained allegations regarding the harm that would result without an adopted rule. For instance, the Petition alleged there is a “desperate need for access to low THC cannabis” and that expedited rule promulgation was necessary because the “selected applicants will be responsible for ensuring access to ordered medication, with greater risk of public injury if there is no access to medicine.” The Petition also asserted that potential applicants eligible to become dispensing organizations would be harmed by the proposed rule’s “overly burdensome” application, scoring, and selection process.

OUTCOME: After affording Petitioner leave to file an amended Petition, the ALJ dismissed the Petition due to a lack of standing when Petitioner chose not to file an amended Petition.

The ALJ concluded the Petitioner’s allegations failed to demonstrate that she could become a “qualified patient” and thus potentially eligible for a physician’s order to receive low-THC cannabis.

The ALJ noted that while the Petitioner alleges that she has an inoperable brain tumor, she does not allege that her “condition falls within the narrow parameters of the Act, that is, that Petitioner has cancer or that Petitioner’s medical condition chronically causes seizures or muscle spasms.” Moreover, even if Petitioner had sufficiently alleged that she could be a “qualified patient,” the allegations were insufficient to show that Petitioner would suffer a real or sufficiently immediate injury in fact resulting from application of the proposed rule.

However, the ALJ rejected DOH’s argument that a “qualified patient” could never have standing to challenge proposed rule 64-4.002. While noting that the proposed rule only addresses the application requirements, scoring, and selection process for dispensing organizations, the ALJ concluded that qualified patient status, “when adequately alleged, might, hypothetically, be sufficient as part of the predicate for standing to challenge rules implementing the Act.”

Editor’s Notes on Case Summary:

This case demonstrates a common situation for many Florida residents who suffer from conditions like cancer: denial of medical marijuana. The Compassionate Medical Cannabis Act of 2014 states that in order to qualify for the cannabis, the patient must produce symptoms of seizure and persistent muscle spasms. If the patient is younger than 18 years of age, a second physician must concur the initial physician’s determination. In this case, 4-year-old Dahlia Barnhart, who suffers from a brain tumor, failed to demonstrate that her condition produces seizures and spasms, and therefore was denied low-THC. In court documents, you must allege that you are eligible for the physician’s order.

Comments?

Do you think that 4-year-old Dahlia Barnhart qualifies for medical marijuana? Do you have a chronic condition that was denied medical marijuana? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: license, defense attorney, health law, health care attorney, health care lawyer, health investigation, medical license, Department of Health, DOH, health attorney, medical marijuana lawyer, medical cannabis, cannabis, marijuana, Compassionate Medical Cannabis Act, THC, medical THC, health conditions, cancer, cancer patients, brain tumor, petitions, Florida, Office of Compassionate Use, ALJ, administrative law judge, physicians, Florida marijuana, administrative hearing, petition for rule challenge

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

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