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.

Florida Harvests It’s First Legal Medical Marijuana Crop

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On July 18, 2016, Florida harvested it’s first legal marijuana crop. The new crop is being stored in multiple vacuum-packed, 441-gram bags in a freezer on the outskirts of Tallahassee. The harvest is the result of months of careful growing, monitoring, coaxing, and finally cultivating, scores of plants in a hidden farm overseen by horticulturalists and protected by armed guards. It is unknown which security company, if any, is providing security or if it approaches the security of Fort Knox.

This is one of two production facilities operated by Surterra Therapeutics, the first of six companies to win state approval to grow and harvest medical marijuana for the seriously ill and dying.

Charlotte’s Web.

In 2014, Florida adopted laws to allow two types of medical marijuana: non-euphoric strains, such as “Charlotte’s Web,” that is thought to help control seizures and ease symptoms of certain other medical conditions; and full-strength marijuana to alleviate pain, nausea and other symptoms for patients considered terminally ill. Since Surterra won approval to harvest last month, Florida has allowed four other companies to do the same: Chestnut Hill Tree Farm in Alachua County, Hackney Nursery in Gadsden County, Modern Health Concepts in Miami-Dade County, and Knox Nursery in Orange County.

These grow farms are poised to expand considerably if the required 60 percent of voters in November cast “Yes” ballots for Amendment 2 to the Florida Constitution, which would legalize full-strength marijuana for an estimated 450,000 Floridians with debilitating illnesses.

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

Vote Yes for Amendment 2.

It is my opinion that the legalization of marijuana, especially for the treatment of sick children, is many decades overdue. Parents should not have to face the Hobson’s choice of breaking the law or obtaining relief for their sick child. For a herbal medication which has proven to have infinitely less adverse consequences than either alcohol or tobacco, this should be a “no brainer.”

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:

“Florida’s first medical marijuana crop cut up, stored.” Associated Press. (July 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 medical marijuana use, legal counsel for medical marijuana, marijuana defense attorney, associations between cannabis use and physical health problems, Charlotte’s Webb, medical marijuana use for terminally ill patients, legal representation for medical marijuana, 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.

Study Finds States That Allow Medical Marijuana May Have Less Opioid Use

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

On September 15, 2016, a new study was released from Columbia University Mailman School of Public Health, that suggests people in states that allow medical marijuana may be using fewer opioid painkillers. Researchers analyzed crash data in 18 states from 1999 to 2013 and revealed that states that allow medical marijuana use saw a reduction in opioid involvement in fatal car accidents.

The Relationship Between Medical Marijuana Laws and Opioid Use.

The study, published in the American Journal of Public Health, is the first look at how the relationship of medical marijuana laws might affect the use of opioid painkillers. “After the implementation of a medical marijuana law, there appears to be less opioid use, at least among young and middle-aged adults,” study lead author June Kim said. He’s a graduate student in epidemiology at Columbia University Mailman School of Public Health in New York City.

The researchers used data from the Fatality Analysis Reporting System database of about 69,000 drivers from 18 states who died in auto accidents between the years 1999 and 2013. Tests for alcohol and other drugs had been conducted on the drivers.

In states where medical marijuana law was legal and easily accessible, the study found that drivers between the ages of 21 and 40, had almost half the chances of testing positive for opioid painkillers, than those who crashed before such a law was implemented. The results further add to evidence suggesting that patients with chronic pain may substitute marijuana for a prescription painkiller in states where the option is available.

The study authors stressed that it’s not clear if the opioid painkillers — or, for that matter, marijuana — contributed to any of the car accidents.

Click here to read the published article in the American Journal of Public Health.

To read one of my prior blogs on the use of medical marijuana as a treatment for opioid addiction, 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:

Ingraham, Christopher. “Study: medical pot means less opioid use.” Orlando Sentinel. (September 16, 2016). Print.

Dotinga, Randy. “Do medical pot states have less opioid abuse?” WebMD News from HealthDay. (September 15, 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, medical marijuana defense attorney, American Journal of Public Health, medical marijuana for patients with chronic pain, substituting medical marijuana for prescription opioid painkillers, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, medical marijuana lawyer, defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm, attorneys for physicians, pharmacist legal defense attorney, Board of Medicine defense lawyer, Department of Health defense counsel

“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.

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

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

After Backlash, Office of Compassionate Use Rewrites Florida’s Medical Marijuana Rules

The Health Law Firm 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

The devil is in the details. This is why state regulators went back to the drawing board to revamp the framework for Florida’s medical marijuana industry. On September 9, 2014, the Florida Department of Health (DOH) Office of Compassionate Use published a revised ruling governing everything medical marijuana: from stems and seeds to prescribing to patients. The latest version addresses issues regarding ownership rules on who can apply to be a medical marijuana dispenser in Florida.

Click here to read the updated bill.

The Office of Compassionate Use has until January 1, 2015, to come up with a finalized version of regulatory framework for the medical marijuana industry.

Florida’s Current Law on Medical Marijuana.

On June 16, 2014, Florida Governor Rick Scott signed SB 1030 (Compassionate Medical Cannabis Act of 2014) into law, making it legal for qualified Florida patients to take low-THC cannabis in liquid form. The specific medical marijuana is approved to treat certain medical conditions such as epilepsy, muscle spasms and cancer. The low-THC medical marijuana is expected to be ready in Florida by spring 2015.

Medical Marijuana Dispensary Requirements and Changes.

Five dispensing organizations will be licensed to grow, process, and distribute the low-THC cannabis.

The law will require each dispensing organization to have a valid registration from the Department of Agriculture and Consumer Services to cultivate more than 400,000 plants, be operated by a “nurseryman,” and have previously operated as a registered nursery in Florida for at least 30 continuous years. These rules were drafted in order to encourage nurseries that meet these criteria to become growers of medical marijuana and discourage non-nursery companies from buying into and controlling the industry for profits.

The previous proposed rule neglected to specifically address whether a nursery would be required to have a continued role in running a dispensary. Under the recent revisions, a nurseryman has to serve as an operator of a dispensary. The revised proposal requires a nursery to have at least 25 percent ownership of a dispensing organization licensed by the state. The rule also states that a nurseryman who owns 100 percent of his business could also be the sole owner of a dispensary.

The revisions require a 21-day notification period. Then a legislative committee must certify the new rules and the DOH will have to adopt them, which is another 20-day process. If all dates hold, the process will be done on November 4, 2014.

I query why such ridiculous requirements are even being proposed. Is it an attempt to award certain individuals by creating a monopoly in certain areas? Requiring patients to travel great distances to one of only five dispensaries in the state also seems to be an irrational requirement.

What About the Disputed Lottery?

The revised rule states that the Office of Compassionate Use decided to stick with the plan to use a lottery system to select dispensing organizations, which the state will eventually license. Health officials believe the process will minimize drawn-out litigation over contract awards that could delay getting medical marijuana to patients.

To read more on the revised rule, click here to read an article from Health News Florida.

Work in Progress.

With all the questions raised by the legislation, it is clear this framework for Florida’s medical marijuana industry is still a work in progress. There is still a lot of red tape to go through to get a functional business model approved for dispensing businesses. While state health officials sort out many lingering details, physicians and dispensaries alike are speculating and preparing for Florida’s medical marijuana industry. Don’t go the unknown road alone. It’s in your best interested to contact an attorney if you plan to have a hand in any part of Florida’s medical marijuana industry.

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:

Kam, Dara. “Regulators Take Another Shot at Pot Rule.” Health News Florida. (September 10, 2014). From: http://wusfnews.wusf.usf.edu/post/regulators-take-another-shot-pot-rule

Galka, Matt. “Revisions Being Made to Non-Euphoric Medical Marijuana Law.” News 4 Jax. (September 10, 2014). From: http://www.news4jax.com/news/revisions-being-made-to-noneuphoric-medical-marijuana-law/27987260

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.

“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.

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.

 

Credit Union in Colorado Granted Charter: Will Serve the Marijuana Industry

George F. Indest III, Board Certified by The Florida Bar in Health Law

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

Marijuana businesses are flourishing in the four states that it is legal, including D.C., but are still finding it difficult to operate without access to a traditional banking system. In Denver, Colorado, that may all change if the credit union can get approval from the Federal Reserve. The Fourth Corner Credit Union was created to serve the marijuana industry, by creating a bank focused on offering a solution to the massive cash flow that these businesses bring to Colorado. The credit union was granted a charter on November 19, 2014, by Colorado’s banking regulators. However, it is still waiting for a master account number from the Federal Reserve to gain access to the country’s electronic banking system. Until it is granted that, Fourth Corner will remain empty with a “Coming Soon” banner above the front door.


The Fourth Corner Credit Union’s Business Model.

The Fourth Corner Credit Union will accept cash deposits and allow customers to make electronic transfers for payroll and rent, and to purchase supplies. To comply with state and federal rules, Fourth Corner will largely limit its operations to Colorado. Transactions will be approved by bankers who are keeping a close eye on where the money is transferring to ensure it is going towards the business and not redirected to cartels or gangs.

Any business or person with an interest in the marijuana industry will be eligible to join Fourth Corner, which organizers say will look like any other credit union.


The Difficulty in Running a Business without a Traditional Banking System.

The marijuana industry is popular in the states it is legal. Colorado has nearly 800 recreational marijuana shops, which brought in $38 million during February 2015. Without the use of a banking system businesses are unable to take credit cards, debit cards and checks. Thus, dealing in cash is the only way to operate the business. Handling enormous amounts of cash is not a small task, it is time-consuming, dangerous and costly. The owners are left to store cash in safes, tote in bags or boxes to the tax office and utility company, hand out in bundles on payday, and move it by armored vehicles and armed guards.


A Potential Reason for the Delay.

There is not a case of a state accredited financial institution being denied a master account. Usually, approval will come within weeks, but it has been nearly seven months and still no answer. Mark Mason, an attorney advising the credit unions’s founders, has a suggestion for a reason why the Federal Reserve may be wary of granting the account number. He believes that this will “legitimize the marijuana industry to the extent it’s never been.”


Blog Editor’s Comments:

One of the biggest legal problems that exist in states that have legalized marijuana is how to handle the money that is generated. Without access to federally regulated banks (which won’t touch such proceeds), it is difficult to pay taxes, purchase supplies, pay employees or run the business. This is a step in the right direction to remedy this problem.


Comments?

What are your thoughts on a credit union focused on the marijuana industry? 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:

Hughes, Trevor. “Colorado OKs Marijuana Credit Union.” USA Today. (December 8, 2014). From:

http://www.usatoday.com/story/news/nation/2014/12/08/colorado-oks-marijuana-credit-union/20056367/

Fox31 Denver. “Pot Problem: Banks Still Don’t Want This Cash.” (April 14, 2015). From:

http://kdvr.com/2015/04/14/pot-problem-banks-still-dont-want-this-cash/

Richtel, Matt. “The First Bank of Bud Marijuana Industry in Colorado, Eager for Its Own Bank, Waits on the Fed.” The New York Times. (February 5, 2015). From:

http://www.nytimes.com/2015/02/08/business/marijuana-industry-in-colorado-eager-for-its-own-bank-waits-on-the-fed.html?_r=0


About the Authors:
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. Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando.

“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.

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.

“Eight Big Things to Watch” for Marijuana Policy in 2015-From Brookings Institution

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

Marijuana policy has increasing developed through the years. Today, twenty-three states have legalized medical marijuana and four states have approved recreational marijuana, including DC. Below is a summary of The Brookings Institution article “Marijuana Policy in 2015: Eight Big Things to Watch.” During 2015, the country and foreign nations will see big changes involving marijuana policies.


1. New States are Planning and Preparing for Legal Marijuana

In November 2014, recreational marijuana was legalized in Oregon and Alaska. During 2015, state legislatures in their respective state and alcohol regulatory bodies will work side by side to design regulations governing legal marijuana. It is important to watch what these states decide because it may determine whether the states marijuana policy will succeed or fail.

Oregon is making history by becoming the first state to border another who has already legalized marijuana. The border between Oregon and Washington will bring insight into what extent states will go for marijuana market advantages regarding bordering states.


2. Which States will be the next to Legalize Marijuana?

This year will show which states are taking steps to initiate ballots in 2016 to legalize marijuana. California and Florida are two of the states expected to advance an initiative, and other states are likely to follow their lead. Ballot initiatives are expensive, thus, to determine who is pushing follow the money.


3. State Legislatures and Marijuana

During the legalization of recreational or medical marijuana the difficult part of the process is getting it past the state legislature. Throughout 2015 it is important to determine which state legislatures have proposals involving marijuana policy and to keep track of their progress during legislative sessions. Some states, like Tennessee, may propose relaxing bans on hemp production, while others may seek to reaffirm legal bans on marijuana.


4. Marijuana in the Courts

During 2015, numerous high-profile lawsuits centered around marijuana policy are likely to be settled. The most recent decision is Coats v. Dish Network, a Colorado case in which a licensed medical marijuana user was let go after testing positive for the substance during a drug test at Dish Network. The Colorado Supreme Court ruled against Mr. Coats. The court held that employees who engage in medical marijuana use that is allowed by state law but unlawful under federal law are not protected by Colorado’s “lawful activities statute.” To read a past blog we published on the case Coats v. Dish Network, click here. To view Coats v. Dish Network in its entirety, click here.

Another case to look out for is Nebraska and Oklahoma v. Colorado, in which the states claim that Colorado’s legalization of marijuana is violating federal law and causing problems in bordering states. The Supreme Court’s decision on the case will clarify the federal courts’ willingness to engage in this area of policy.


5. Clarifying DC’s Marijuana Policy

The future of Washington, DC’s marijuana policy will be determined by the federal courts. The court will need to clarify the policy’s future if there is congressional inaction on Initiative 71.


6. Continuation of Marijuana Policies in Colorado, Washington and Uruguay

Both Washington and Colorado are continuing to work on their recreational marijuana policies. Colorado is working through the issues of edibles, product testing, and home-grows. An important issue to watch is the challenge Washington faces in luring consumers away from the black market cost effectively. Overseas, Uruguay will continue to steadily work on a bureaucracy and consumer base for legal marijuana.


7. Current Marijuana Data is Imperfect and Incomplete

It is too early to make conclusive claims about recreational marijuana since there is not enough data. During 2015, and subsequent years, steady flows of data from Colorado and Washington will surface. This data will provide a better idea about the impact of legal recreational marijuana on society.


8. Marijuana as a Topic During the Presidential Campaign

Marijuana will definitely be a topic during the 2015 presidential campaign. Unlike most political issues, marijuana policy is not determined by political party. Thus, it will be interesting to hear the presidential candidates opinions during 2015 since it will be a big part of the campaign.


Comments:

What are your thoughts on the eight big things to watch in 2015? 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.


Source:

Hudak, John. “Marijuana Policy in 2015: Eight Big Things to Watch.” Brookings Institute. (January 8, 2015). From:
http://www.brookings.edu/blogs/fixgov/posts/2015/01/08-marijuana-policy-2015-things-to-watch-hudak


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, medical cannabis, medical marijuana, medical marijuana lawyer, medical marijuana license, defense attorney, defense lawyer, Charlotte’s Web, health lawyer, marijuana, recreational cannabis, recreational marijuana, 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.

 

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