Marijuana Law Blog | The Health Law Firm Blog

Inconsistency in Legislation Leads to Legal Challenge of Florida Medical Marijuana Law

By 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 […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: approval of Florida Constitution Amendment 2, expanding marijuana industry in Florida, health lawyers for marijuana distributors, lawyer for medical marijuana growers and distributors, legal counsel for marijuana industry, legal counsel for medical marijuana, legal representation for medical marijuana growers and distributors, Medical and recreational marijuana use, medical marijuana defense attorney, medical marijuana dispensary defense attorney, medical marijuana growers and distributors, medical marijuana lawyer, the health law firm, The Health Law Firm attorney reviews, The Health Law Firm reviews|3 Comments

Colorado Health Board Rejects Medical Marijuana Proposal for PTSD Treatment

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

On July 15, 2015, the Colorado Board of Health denied a bid to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD). Colorado is known for pushing the boundaries with marijuana, but health officials rejected the idea that it can be an effective form of treatment for PTSD patients. The board voted against the recommendation of the state’s chief medical officer and marks the third time Colorado’s health officials have said ‘No’ to including PTSD on its marijuana approved list of uses.

Is Marijuana Medicine?

The Colorado Board of Health voted 6-2, to reject a petition for PTSD to be considered a “debilitating condition” and can be treated with medical marijuana. Several veterans testified that marijuana saved their lives, but some board members believed that there was not enough scientific evidence or […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: Cannabis Patients Alliance, Colorado Board of Health, Colorado Marijuana law, health care attorney, health care lawyer, health law firm, licensed medical marijuana user, marijuana lawyer health law, medical cannabis, medical marijuana approval list, medical marijuana defense attorney, medical marijuana for PTSD treatment, medical marijuana treatment, post-traumatic stress disorder, PTSD, PTSD treatment, the health law firm|Comments Off

New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On October 27, 2016, the Marijuana Policy Project issued a report for 2015 stating that the state-legal medical marijuana industry had a $2.4 billion economic impact on the Colorado economy. The cannabis industry, the fastest-growing business sector in Colorado, is credited with funding 18,005 direct and ancillary full-time jobs in 2015, according to the report. The Marijuana Policy Group (MPG) who issued the report, is a Denver-based economic and market research firm that consults with businesses and governments on marijuana policy.

What Does This Mean For the State of Colorado?

The size of the marijuana industry is quite substantial now and the world is taking notice. As a result, new jobs are being created and operating businesses are generating substantial revenue. However, in the coming years, […]

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Florida Physicians Allowed to “Recommend” But Not “Prescribe” Medical Marijuana for Patients

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

Under the Compassionate Medical Cannabis Act of 2014, Florida patients suffering from cancer or a physical medical condition that produces chronic symptoms of seizures or severe and persistent muscles spasms can qualify for the use of low-THC cannabis.

To read the full legislative language of the Florida compassionate-use act, click here.

Florida has been preparing physicians to qualify patients for the use of medical marijuana for nearly a year. So far, only 42 doctors have completed the process for the medical marijuana program, which consists of passing an eight-hour continuing education course and a subsequent examination.

However, after all other alternative treatment options have proven to be unsuccessful, even registered physicians will not be prescribing the drug low in the chemical tetrahydrocannabinol (THC) and […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: cannabis for treatment of debilitating medical condition, Compassionate Medical Cannabis Act of 2014, compassionate-use in Florida, DEA defense lawyer, defense lawyer, Drug Enforcement Agency physician registration, Florida medical marijuana, guidelines for federal prosecutors, health law attorney, health lawyer, low-THC cannabis in Florida, medical marijuana defense attorney, medical marijuana federal prosecution defense attorney, medical marijuana lawyer, medical marijuana ordering physician, physician certifications for medical marijuana, prescribing controlled substances, qualifying patients for medical marijuana, the health law firm|Comments Off

State of Florida Sued as DOH Fails to Grant New Pot Licenses

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

On November 22, 2017, a plant nursery and a man who has epilepsy, filed suit alleging that it’s “high time” for the Florida Department of Health (DOH) to comply with a Florida constitutional amendment and its implementing legislation. The constitutional amendment requires the DOH to license more medical marijuana treatment centers. According to the suit that has been filed, DOH’s failure to do so is depriving patients of medication that they really need.

The Number of Licenced Treatment Centers.

Bill’s Nursery, Inc., and Michael Bowen filed suit accusing the DOH of failing to meet an October 2017 deadline to expand the number of licensed treatment centers in the state by an additional ten as it is being argued, is required by The Florida Medical […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: approval of Florida Constitution Amendment 2, expanding marijuana industry in Florida, health lawyers for marijuana distributors, lawyer for medical marijuana growers and distributors, legal counsel for marijuana industry, legal counsel for medical marijuana, legal representation for medical marijuana growers and distributors, Medical and recreational marijuana use, medical marijuana defense attorney, medical marijuana dispensary defense attorney, medical marijuana growers and distributors, medical marijuana lawyer, the health law firm, The Health Law Firm attorney reviews, The Health Law Firm reviews|Comments Off

Federal Judge Challenges the Justice Department’s Interpretation of Federal Law Restricting Medical Marijuana Prosecutions

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

In a federal case involving a California-based medical marijuana dispensary and the United States, regarding a motion to dissolve a permanent injunction, a federal judge challenged the Department of Justice’s (DOJ) so-called “tortured” interpretation of the law. U.S. District Judge Charles Breyer pronounced that the DOJ’s interpretation is “at odds with fundamental notions of the rule of law.” Judge Breyer went so far as to say that the DOJ’s analysis of the plain language Amendment was “counterintuitive and opportunistic.”

At issue in this case is a law passed last year by Congress which purposes to restrain the Justice Department’s efforts to prevent the implementation and use of medical marijuana in states where it has been legalized. […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: 2015 Appropriations Act, cannabis for medicinal treatment, cannabis for treatment of debilitating medical condition, compassionate-use in Florida, DEA defense lawyer, defense lawyer, Drug Enforcement Agency physician registration, guidelines for federal prosecutors, health law attorney, health lawyer, medical marijuana compliance lawyer, medical marijuana defense attorney, medical marijuana dispensaries, medical marijuana federal prosecution defense attorney, medical marijuana lawyer, medical marijuana legalization, medical marijuana ordering physician, prescribing controlled substances, Rohrabacher-Farr Amendment, Section 538 of federal funding bill, the health law firm|Comments Off

Denver Coffee Shop May Become First Business to Allow Social Marijuana Use

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

On December 12, 2017, the first application to allow social marijuana use in a business has landed in Colorado. This first application seeks to allow vaping and use of edibles southwest of downtown. Denver is the first in the U.S. to allow public consumption at businesses and at permitted events. You won’t have to fly all the way to Amsterdam any longer to partake of the weed.

The Coffee Joint.

The first that have applied to take advantage of this are two Denver entrepreneurs who plan to open a coffee shop called “The Coffee Joint.” The owners have connections to a marijuana dispensary next door. Despite the name, the coffee shop does not plan to allow the smoking of marijuana, only vaping and the consumption of edibles […]

Cities All Over Florida Prepare for Medical Marijuana, Even Altamonte Springs!

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

Medical marijuana stores are one-step closer to being able to operate in Altamonte Springs as officials give initial green light to proposed ordinances. The city commission voted unanimously Tuesday evening in favor of the new city ordinances that would require medical marijuana businesses to secure licenses from the city. To learn more about medical marijuana legislation in Florida, click here.

Click here to read a copy of the city commission’s agenda from Tuesday.

Establishing Ground Rules.

Altamonte Springs city officials are looking to establish certain guidelines for future medical marijuana related businesses that open within city limits. Under these proposed ordinances, businesses would be required to secure a medical marijuana permit from the city on an annual basis. The […]

By The Health Law Firm|2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: defense attorney, Florida medical marijuana, health lawyer, medical cannabis, medical marijuana laws, medical marijuana lawyer, medical marijuana legalization, Medical marijuana legislation, medical marijuana license, medical marijuana stores, the health law firm|Comments Off

Federal Judge Dismisses Former NFL Player’s Marijuana Decriminalization Suit

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

On February 26, 2018, a New York federal judge dismissed a former NFL star’s suit demanding decriminalization of medical marijuana. U.S. District Judge Alvin K. Hellerstein said the Second Circuit has already determined that Congress had a rational basis to classify marijuana as a Schedule I drug.

Schedule I drugs are those drugs that allegedly have no known currently accepted medicinal use and have a high potential for abuse. Marijuana is right up there with LSD and heroin (15,466 heroin overdose deaths in 2016).

The Fight for Marijuana Decriminalization.

The suit brought by Super Bowl winner and now weed entrepreneur Marvin Washington and others, seeks to challenge aspects of the Controlled Substances Act (CSA) through the court […]

Pennsylvania House of Representatives Passes Medical Marijuana Bill

By 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 […]

By The Health Law Firm|2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: cannabis for treatment of debilitating medical condition, Compassionate Medical Cannabis Act, Department of Health (DOH), formal administrative hearing, health law attorney, low-THC cannabis, marijuana attorney, medical cannabis, medical marijuana cultivation, medical marijuana growers, medical marijuana lawyer, medical marijuana license, medical marijuana regulations, Pennsylvania medical cannabis, the health law firm|Comments Off