Medical Marijuana | The Health Law Firm Blog

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

By 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 […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: legal representation for marijuana dispensaries, legal representation for marijuana growers, legal representation for marijuana law, marijuana defense attorney, marijuana law, medical marijuana defense attorney, medical marijuana law, medical marijuana lawyer|1 Comment

Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order

By 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 […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: access to medical marijuana in Florida, Board of Medicine defense lawyer, Florida Board of Medicine, Florida telemedicine, Florida's Amendment 2 approved, health law, medical marijuana defense attorney, proposed telemedicine amendment, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorney reviews, The Health Law Firm reviews, The Standards for Telemedicine Practice|Comments Off

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 […]

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. […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|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

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

By 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 The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: Charlotte's Web, defense attorney, defense lawyer, Florida medical marijuana, health lawyer, legal representation for marijuana dispensaries, legal representation for marijuana growers, legal representation for marijuana law, marijuana, marijuana defense attorney, marijuana law, medical cannabis, medical marijuana defense attorney, medical marijuana law, medical marijuana lawyer, medical marijuana license, recreational cannabis, recreational marijuana, the health law firm|Comments Off

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 […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: access to medical marijuana in Florida, Board of Medicine defense lawyer, complex health related business transactions, DOH defense attorney, Florida medical marijuana defense attorney, Florida medical marijuana legislation, legal counsel for medical marijuana, legal opinions on medical issues, legal representation for Department of Health issues, legal representation for medical marijuana, legal representation for medical marijuana growers and distributors, marijuana defense attorney, Medical and recreational marijuana use, medical marijuana defense attorney, medical marijuana representation in Florida, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorney reviews, The Health Law Firm reviews|Comments Off

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 […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: Colorado, Colorado marijuana laws, compliance, Courts, defense attorney, drug-free work place, Drug-Free Work Place Act, employee rights, employer rights, employment law, employment termination, federal law, Government regulations, health care, health care lawyer, health issues, health law, health law attorney, health law lawyer, health lawyer, law attorney, lawful activity, lawful off-duty activity, legalizing marijuana, licensed medical marijuana user, marijuana, marijuana license, medical cannabis, medical marijuana license, medical marijuana policy, physician attorney, physician lawyer, Recreational drug laws and regulations, state law, supreme court, THC, workplace marijuana regulations, zero tolerance, zero tolerance drug policy|Comments Off

First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH

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

On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

Maui Grown Therapies.

The Maui dispensary has been pre-registering patients and will begin selling medical cannabis to patients by appointment only, said Freitas Gorman, director of community relations and patient affairs. Walk-in sales will start in about a week.

In 2000, Hawaii was among the first states to legalize medical marijuana. But the state didn’t legalize dispensaries until 2015, so the state’s 18,000 […]

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

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