Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries

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

On November 14, 2016, Orlando’s City Council voted to extend its temporary ban on new marijuana dispensaries, less than a week after Florida voters backed a constitutional amendment to expand medical use of the drug. Back in July 2016, city commissioners voted to approve the temporary pause on marijuana dispensaries. The current ban is set to expire December 2016, but the city is pursuing an extension that would stretch the ban until July 1, 2017.

The Temporary Ban.

According to the city, the temporary ban will be beneficial because it will allow staffers to study the potential impacts of marijuana distributors, including whether they should be kept at arm’s length from neighborhoods, churches and schools. After the Legislature in 2014 legalized the low-THC oil known as Charlotte’s Web, the city of Orlando determined its current rules would categorize dispensaries as drug stores, like Walgreens and CVS. The city of Orlando pursued the July 2016 moratorium after three potential sellers of either medicinal marijuana or Charlotte’s Web had expressed interest in Orlando storefronts where proper zoning would allow them. So far, several South Florida cities have also adopted similar temporary bans on new potential dispensaries. The Orlando City Council will take its final vote on the extension in December 2016.

To learn more on the status of marijuana in Florida, click here to read one of my prior blogs.

Problematic Approach.

To me this is very problematic. The citizens of Florida have spoken in making medical marijuana legal. However, it seems likely that we will be burdened with government officials acting to try to prohibit retail sellers and dispensaries in an attempt to prevent it nevertheless. For example, what would happen if every county now voted to prohibit dispensaries within their boundaries. This would cut the legs out from under the constitutional amendment passed by the voters.

We may have to go back to the polls again and vote in a constitutional amendment that blocks cities, counties and state agencies from preventing sales within their limits. Either that or elect John Morgan governor!

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:

Weiner, Jeff. “Orlando extends temporary ban on marijuana dispensaries.” Orlando Sentinel. (November 14, 2016). Web.

Weiner, Jeff. “City votes for pause on pot dispensaries.” Orlando Sentinel. (July 11, 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 and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida’s Amendment 2, 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 The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.
Copyright © 2017 The Health Law Firm. All rights reserved

By |2024-03-14T10:01:09-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , |Comments Off on Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries
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Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana

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

After looking at the red and blue map of America from the recent presidential election, it may be time to add some green. On November 9, 2016, the movement to legalize marijuana, which has been in the public eye for some time now, took a giant step forward. Voters in California voted to legalize the recreational use of marijuana. Voters in Florida, the third most populous state, overwhelmingly finally said yes to legalize medical marijuana use.

Expanding Legal Access to Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.
In 2014, the amendment got 57.6 percent of voter’s approval, just missing the 60 percent needed to pass.

Legalization Support.

According to national polls that were conducted, a solid majority of Americans support legalization of marijuana. Gallup’s latest survey for 2016 gauged support at 60 percent, up from 14 percent from when the question was first posed in 1969. Gallup says 13 percent of U.S. adults currently report using marijuana, nearly double the percentage who reported using pot in 2013. Click here to read the recent poll on marijuana support.

To learn more on the legalization of marijuana, click here to read one of my prior blogs.

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:

Hale, Nathan. “Marijuana Ballots: Calif., Fla. Say Yes To Legal Pot.” Law360. (November 9, 2016). Web.

“Marijuana legalization: California, Nevada, Florida voters say yes but Arizona rejects.” Fox 5. (November 9, 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 and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana industry, approval of Florida’s Amendment 2, 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 The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.

Copyright © 2017 The Health Law Firm. All rights reserved

By |2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , |Comments Off on Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana
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Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries

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

On October 24, 2017, Lake County commissioners decided to ban medical marijuana dispensaries, citing the willingness of some neighboring communities to allow medicinal pot shops. The ban applies only to unincorporated areas of the county and not to the surrounding cities.

Access to Medical Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.

Non-Supporters of Medical Marijuana.

Lake County officials cited restrictive state rules that give local governments two zoning options: ban them all together or treat them like a CVS, Walgreen’s or another pharmacy. Government leaders in Apopka, Winter Garden and Winter Park have also banned marijuana dispensaries.

“It doesn’t mean people cannot have medical marijuana delivered right to their homes from a dispensary,” Commissioner Leslie Campione said after the unanimous vote. “It doesn’t mean they can’t get a prescription or can’t use it. We just don’t feel like we should be introducing these storefronts and dispensaries in the rural areas.”

In 2016, Orlando’s City Council also voted to temporarily ban medical marijuana dispensaries. Click here to read more.

Be sure to check our Marijuana Law Blog regularly to stay on top of marijuana policy in Florida and in the United States.

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.

Sources:

Hudak, Stephen. “Lake County becomes latest in Central Florida to ban medical marijuana shops.” Orlando Sentinel. (October 24, 2017). Web.

Medina, Carlos. “Lake County set to ban medical marijuana dispensaries.” Daily Commercial. (October 10, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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 Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Florida medical marijuana legislation, medical marijuana defense attorney, legal representation for medical marijuana, legal representation for marijuana legislation, marijuana defense attorney, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, reviews of The Health Law Firm, access to medical marijuana in Florida, legal representation for marijuana dispensaries, legal representation for medical marijuana dispensaries, 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.

By |2024-03-14T10:01:12-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , , , , , , |1 Comment
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Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order

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 December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and awaits further review

It’s been proposed that Florida residents seeking medical marijuana prescriptions will need to have an in-person examination first.

The Board originally issued the current telemedicine rules in the Spring of 2014. This amendment would add a new Section (5) to the Standards for Telemedicine Practice under 64B8-9.0141, F.A.C.

The regulation would state “(5) Medical cannabis, as defined by s. 381.986, F.S., may not be ordered by means of telemedicine” if the proposed amendment is finalized.

Florida law permits specified physicians to order low-THC cannabis or medical marijuana for patients diagnosed with certain conditions. The proposed telemedicine amendment comes from the overwhelming approval of Amendment 2 by Florida voter’s. The approval allowed for expanding access of medical marijuana in Florida.

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.

Sources:

Lima, Debora. “Medical marijuana might be legal, but you won’t get a prescription this way.” South Florida Business Journal. (December 14, 2016). Web.

Ferrante, Thomas and Lacktman, Nathaniel. “Florida: No Telemedicine Exams for Medical Marijuana.” Lexology. (December 12, 2016).Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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 Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Florida telemedicine, proposed telemedicine amendment, Florida Board of Medicine, health law, The Standards for Telemedicine Practice, The Health Law Firm attorney reviews, Florida’s Amendment 2 approved, The Health Law Firm reviews, medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, 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.

 

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , |Comments Off on Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order
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Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy

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

On January 4, 2018, Attorney General Jeff Sessions rolled back an Obama-era policy of refraining from prosecuting marijuana businesses and individual users in states that have legalized the drug for medicinal or recreational use. The U.S. Department of Justice (DOJ) announced this, calling the move a “return to the rule of law.”

Marijuana Criminalization.

Jeff Sessions announced the decision in a memo sent to all U.S. attorneys that highlighted marijuana’s continued criminalization under federal law. In the memo, he labeled previous DOJ guidance discouraging enforcement as “unnecessary” and “rescinded, effective immediately.”

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal and federal law enforcement partners to carry out this mission,” Sessions said in a statement.

This move creates a cloud of uncertainty for legal marijuana businesses and the legalization effort which most recently had seen the start of legal recreational marijuana sales in California on January 1, 2018. Currently, 29 states and the District of Columbia have legalized marijuana in some form.

However, marijuana remains a Schedule I drug under federal law, making it a criminal offense to deal or even possess it. You can read Jeff Session’s memo in full, here.

To read a recent blog I wrote on the legalization of marijuana, click here.

For updates on recreational and medical marijuana, regularly check our Marijuana Law Blog.

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:

Hill, Jon. “Sessions Reverses Obama-Era Marijuana Enforcement Policy.” Law360. (January 8, 2018). Web.

Zapotosky, Zach. “Use of legalized marijuana threatened as Sessions rescinds Obama-era directive that eased federal enforcement.” The Washington Post. (January 5, 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.

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Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary

By Shannon McDonough, Legal and Marketing Intern


Central Florida Making Strides Toward Medical Marijuana Acceptance.

Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical marijuana to help treat pain and other symptoms. The dispensary, being opened by Knox Medical, is to be located on North Orlando Avenue at Ivanhoe Village in Orlando, Florida. This is the first dispensary location in Florida. Knox Medical states that it hopes to open four additional sites around the state.

Knox Medical Group Is Licensed to Cultivate and Sell Medical Grade Marijuana.

Knox Medical is one of just a few companies that have obtained licenses to grow and sell medical grade marijuana. Knox Medical Group states that it expects this dispensary to be a respectable and exclusive venue. The dispensary contends that it will only allow entry by patients with clear physician orders to attempt to avoid anything that could create a negative perception of the medical marijuana industry. This “prescription only” approach is different from that of California and Colorado; nobody without a clear physician’s order for medical marijuana will be allowed to enter the building.

Law Makers Create Difficult Regulations for Marijuana Industry.

State regulation seems like it will always be a problem for the growing marijuana industry. There is the potential for new bills restricting the placement of medical marijuana dispensaries. Such a restriction could limit access to the drug and decrease consumption. Florida law makers are continuing to consider additional medical marijuana constitutional amendments. However, since the amendment that approved medical marijuana passed with a 71 percent vote, any measure proposed that will restrict access or availability will probably be defeated. As more and more states accept this alternative form of medicine, law makers will be forced to be flexible and deal with it.

Knox Medical Group Plans To Open Additional Locations All Around Florida.

The city of Orlando approved the new medical marijuana center restricting it to products with less than .3 percent THC. The effects of marijuana itself, along with the effects of marijuana dispensaries, are still being studied.

Knox Medical group states that it plans to open additional locations in Gainesville, Tallahassee, Jacksonville, and Lake Worth in the coming years.
To view prior blogs The Health Law Firm has published on Medical Marijuana, click here: https://medicalmarijuanalawblog.wordpress.com/

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing. We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Ferrante, Deanna. “Orlando’s First Medical Marijuana Dispensary Slated to Open in Ivanhoe Village.” Orlando Weekly.  (Mar. 7, 2017). Web.

Shanklin, Mary. “Orlando’s First Medical Marijuana Dispensary Planned for Ivanhoe Village.” Orlando Sentinel. (Mar. 8, 2017). Web.

About the Author: Shannon McDonough is a legal and marketing intern at the Health Law Firm. She is an undergraduate student at Rollins College pursuing her bachelors in Economics with a minor in Spanish and Communications. The Health Law Firm’s main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, The Health Law Firm attorney reviews, The Health Law Firm

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

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , |Comments Off on Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary
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Florida’s First Green Bank Cuts Business Ties with Medical Marijuana Money

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

When Florida’s medical marijuana industry was first starting to grow, business owners faced a big dilemma: Where could they find a bank to take their millions of dollars? The federal government still considers marijuana an illegal substance without medicinal value, so most banks haven’t been willing to take the industry’s money. Because of federal regulations, the businesses also cannot accept credit cards for payment, as well, making it difficult for patient to obtain medical marijuana by mail.

Despite this, First Green Bank, a Central Florida community bank that doesn’t require a federal charter, came to the rescue. By the summer of 2017, it was handling accounts for six of the state’s seven licensed producers of medical marijuana.

But now, First Green announced that it is closing the accounts of its cannabis clients and won’t be handling their money after January, 2018, due to the federal government’s stance.

Green Light Ends for Marijuana Money.

First Green claims to have found a new institution willing to take its place. It says it is confident that Florida’s 40,000 card-carrying medical marijuana patients won’t notice any hiccups. “There will be no interruption or change in operations as far as patients and members are concerned,” Jake Bergmann, CEO of Surterra Holdings, a medicinal marijuana operator and a First Green client, is reported to have stated.

In Florida, only 13 companies are licensed to grow marijuana and only seven can actually sell it. Therefore, the importance of having a financial partner becomes even more pronounced given the amount of money each company is working with.

Read First Green Bank’s press release on why it made this decision to learn more.

Florida is not the only state having difficulty finding banks for the marijuana industry. In Colorado, marijuana distributors also struggle to operate without access to traditional banking systems. You can learn more about this issue by reading my prior blog on Cannabis Credit Unions.

For updates on marijuana laws and regulations, be sure to check our Marijuana Law Blog regularly.

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 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Smiley, David. “The banker to Florida’s medical marijuana players is getting out of the business.” The Miami Herald. (December 22, 2017). Web.

“Florida’s pot banker is closing accounts.” The Denver Post. (December 28, 2017). 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: 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 |2024-03-14T10:01:13-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , , , , , , , |Comments Off on Florida’s First Green Bank Cuts Business Ties with Medical Marijuana Money
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Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams

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

On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit card numbers in exchange for a bogus offer of free or reduced-cost medical marijuana.

The DOH reports all incidents of potential fraud and scams to law enforcement, but wants to ensure residents and law makers are aware of what to avoid.

Avoid Medical Marijuana Scams.

Be aware that the perpetrators of the scam may mention the Department of Health’s “Office of Compassionate Use” in their phone call solicitations, to make their communication seem more legitimate. The Florida Department of Health (DOH) has released tips on how patients can protect themselves from scams related to medical marijuana. Click here to read the Press Release from the DOH providing these tips.

The DOH regularly updates The Office of Compassionate Use webpage  with accurate information abut medical marijuana. Patients and legal representatives are encouraged to visit this webpage often for news and updates.

If you receive a phone call that you suspect is a scam, report to the Florida Department of Agriculture and Consumer Services call 1-800-HELP-FLA (1-800-435-7352).

To stay on top of medical marijuana issues and legislation, check our blog for regular updates here.

To learn about the status of medical marijuana in Florida, click here to watch our informational video blog.

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.

Sources:

Cobb, Frasier. “Patients and Physicians Alerted to Medical Marijuana Scam.” Orlando Medical News. (April 20, 2017). Web.

“On the Eve of 4/20, The Florida Department of Health Urges Caution to Avoid Medical Marijuana Scams.” Medical Marijuana Magazine. (April 20, 2017). Web.

 

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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 Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

 

KeyWords: Florida medical marijuana legislation, medical marijuana defense attorney, legal representation for medical marijuana, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, complex health related business transactions, legal opinions on medical issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, DOH defense attorney, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, 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.

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , , , , |Comments Off on Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams
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Workers Can Be Fired For Using Marijuana Off-Duty

By Carole C. Schriefer, R.N., J.D., The Health Law Firm

Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an employee for the use of medical marijuana – even if it’s off-duty.

Coats v. Dish Network.

Brandon Coats became a quadriplegic after a car accident and has relied on medical marijuana to help with muscle spasms. Dish Network fired Coats after a failed drug test in 2010.  “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law,” company spokesman John Hall said in a statement.  To read about the Coats v. Dish Network case in its entirety, click here.

What is Lawful Activity?

This case was brought based on Colorado Revised Statute 24-34-402.5, Colorado’s “lawful activities statute.” The Supreme Court held the term “lawful” in the statute refers only to those activities that are lawful under both state and federal law. Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law, are not protected by this statute.  Like Texas, Colorado law allows employers to set their own policies on drug use.  Unlike Texas, Colorado has a law that says employees can’t be fired for “lawful” off-duty activities.
To read C.R.S. § 24-34-402.5. – Unlawful prohibition of legal activities as a condition of employment, click here.

Legal Off-Duty Activity.

Coats claims that Dish Network violated C.R.S. § 24-34-402.5, by terminating him due to his state licensed use of medical marijuana at home during non-working hours. The Colorado justices ruled that because marijuana is illegal under federal law, Coat’s use of the drug couldn’t be considered legal off-duty activity.  State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. Therefore, federal laws trump state laws.

To read past blogs on this topic or any health law topic, visit our blog pages on our website : www.TheHealthLawFirm.com.

Visit our Colorado Health Law blog.

Comments?

Do you think medical marijuana is considered a “lawful” activity? Do you agree with Dish Network’s decision? Do you think Coats v. Dish Network was a fair case, why or why not? 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.

Sources:

Linsley, Brennon. “Colorado court: Workers can be fired for using pot off-duty.” The News Herald. (June 15, 2015) From:

http://www.morganton.com/colorado-court-workers-can-be-fired-for-using-pot-off/article_f4f67447-5d36-5e6e-9a67-8548d5fc77a4.html

“24-34-402.5. Unlawful Prohibition of Legal Activities as a Condition of Employment.” Department of Regulatory Agencies. (June 15, 2015) From:

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Colorado+Anti-Discrimination+Act+statutes+-+unofficial.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251818317123&ssbinary=true

Coats v. Dish Network, LLC., CO 44. No. 13SC394. U.S. (2015)

About the Author: Carole C. Schriefer is an attorney with 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 Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620. The Health Law Firm also has offices in Fort Collins, Colorado and Pensacola, Florida.

KeyWords:  Employment Law, medical marijuana, medical cannabis, marijuana license, defense attorney, drug-free work place, Drug-Free Work Place Act, employee rights, employer rights, employment law, employment termination, Colorado marijuana laws, health care lawyer, health lawyer, law attorney, legalizing marijuana, licensed medical marijuana user, marijuana, medical marijuana license, medical marijuana policy, physician attorney, physician lawyer, workplace marijuana regulations, lawful activity, lawful off-duty activity, federal law, state law, Supreme Court, zero tolerance, zero tolerance drug policy, THC, compliance, Recreational drug laws and regulations, Government regulations, Courts, Colorado, health care, health issues, health law, health law attorney, health law lawyer

“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.

By |2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Workers Can Be Fired For Using Marijuana Off-Duty
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Inconsistency in Legislation Leads to Legal Challenge of Florida Medical Marijuana Law

Headshot of The Health Law Firm's attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Challenge to Florida Legislatures’s Limitation on Medical Marijuana Use.

Despite the passage of a Florida Constitution Amendment by the people of the state of Florida in November 2016, the Legislature continues to attempt to artificially limit its access and availability.  Current legislation bans the direct inhalation of the drug, opting for other forms that are far scarcer.
People United for Medical Marijuana continues to be a major activist for the complete legalization of medical marijuana. “People United” has challenged the current bill to make medical use of the drug more accessible and more directly available.

Attorney John Morgan’s Role.

Attorney John Morgan of Orlando, Florida, is leading the push to ensure that state legislation clearly authorizes the use of medical marijuana in any form.  He states that he is fighting for the patients that desperately need the drug. He represents People United for Medical Marijuana, stating that they are trying to make sure medical marijuana is accessible for all who need it.

A law suit recently filed stated “by redefining the constitutionally defined term ‘medical use’ to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is a direct conflict with the specifically articulated constitutional process.”

Click here to view the complaint from this lawsuit.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing.  We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.
Call now or visit our website www.TheHealthLawFirm.com.

Sources:

Farrington, Brendan. “Lawsuit Challenges Florida Ban on Smokable Medical Marijuana.”  US News. (July 7, 2017.) Web.

Hale, Nathan. “Lawsuit Challenges Fla. Medical Marijuana Smoking Ban – Law360.”  Law360 – The Newswire for Business Lawyers. LexisNexis. (July 6, 2017) Web.

Rohrer, Gray. “John Morgan Sues State over Smoking Ban in Medical Marijuana Law.” OrlandoSentinel.com. (July 6, 2017). 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.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida ,medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, 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 8 2017 The Health Law Firm. All rights reserved.

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , , |3 Comments
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
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