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Florida Appeals Court Says Medical Marijuana Statute Unconstitutional

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

On July 9, 2019, a Florida appellate court ruled that the Florida Legislature’s approach to regulating medical marijuana is unconstitutional. If the ruling stands, it would require state health officials to begin registering medical-marijuana firms to do business and lift existing caps on how many medical marijuana treatment centers can operate in Florida.

Changes to Florida’s Medical Marijuana Legislation.

The First District Court of Appeal said on July 9, 2019, that the Florida Legislature’s law conflicts with the amendment to the Florida Constitution, specifically, the portion that defines a medical marijuana treatment center or MMTC. Florida’s current amendment requires MMTC’s to grow, process and distribute cannabis and all related products.

The Florida Court of Appeal ruled that this created an “oligopoly” or a vertically integrated business model. By requiring treatment centers to also produce and distribute their products, the state has created a system that favors large businesses. The state law requires business entities desiring to participate in the retailing of medical marijuana to “conform to a more restricted definition” than what is set forth in the amendment, the majority said.

The court found “it is in the public interest” to require health officials to register medical marijuana operators “without applying the unconstitutional statutory provisions.” But that finding “does not support requiring the department to immediately begin registering” medical marijuana operators at this stage of the proceedings, the majority decided.

Click here to read the court’s opinion in full.

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

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

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

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

Sources:

Kam, Dara. “Medical marijuana: Florida law creates ‘oligopoly’ for pot businesses, court decides.” Orlando Sentinel. (July 10, 2019). Web.

Simpson, Dave. “Fla. Medical Marijuana Statute Deemed Unconstitutional.” Law360. (July 9, 2019). Web.

Gainey, Blaise. “Florida Courts Rule Medical Marijuana Scheme Unconstitutional. What’s Next?” WUSF. (July 11, 2019). 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 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 representation, medical marijuana regulation attorney, medical marijuana lawyer, legal representation for medical marijuana issues, health care business application attorney, Florida marijuana law attorney, 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 © 2019 The Health Law Firm. All rights reserved.

Florida House Passes Bill to End the Smoking Ban on Medical Marijuana

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

On March 13, 2019, two days before Gov. DeSantis’ deadline to end Florida’s smoking ban on medical marijuana, the House finally passed the legislation.  Florida lawmakers affirmed the right of patients to smoke medical marijuana. The vote was 101 to 11 in favor of revoking the ban. The House approved a Senate bill to include “smoking” in the language. The bill allows patients to receive up to 2.5 ounces of whole flower cannabis every 35 days as recommended by a licensed physician.


“Smoking” Medical Marijuana

Florida voters originally approved medical marijuana in an amendment to the Florida Constitution in 2016.  However, state bureaucrats and legislators have done everything they could to not implement the will of the people.  State lawmakers banned all smokable forms of the drug in a bill signed by then-Gov. Rick Scott in 2017.

In January 2019, the newly-elected governor said the current law doesn’t represent the will of the voters.  He said he would drop the appeal if lawmakers didn’t repeal the ban by mid-March of 2019. Click here to read my prior blog to learn more.


Details of the New Marijuana Legislation. 

The new bill places several conditions for allowing smokeable medical marijuana. It allows qualifying patients to receive up to 2.5 ounces of whole flower cannabis (the smokeable form) every 35 days as recommended by their physician. Patients would not be able to possess more than four ounces of marijuana in a smokable form.

It would not be available to anyone under the age of 18 unless the patient is terminally ill. Additionally, two doctors, one of them being a pediatrician, must give approval as the most effective form of treatment. Under the bill, a second opinion from a board-certified pediatrician would be required for all non-terminal patients under age 18.

Also, the new legislation states that it could not be smoked in public or at private businesses subject to Florida’s cigarette smoking ban. The bill gives private property owners the right to prohibit smokeable marijuana if they choose.

Medical Marijuana Research and Education Board.

In addition to repealing the “smoking ban,” the bill also establishes Florida’s Medical Marijuana Research and Education Board. The board will oversee a research consortium established by the state university system’s Board of Governors. With the new legislation, the Board will receive $1.5 million for the program. Instead of only including the University of Florida as the previous law did, all universities can apply to participate in the Research and Education Board.

The new legislation only addressed the ban on smoking medical marijuana and didn’t address other issues that Gov. DeSantis has brought up. The new Florida Governor has been at the forefront of several high profile topics since taking office, such as drug-free workplace protections and caps on the number of medical marijuana licenses and dispensaries. Click here to read my prior blog to learn more.

Be sure to check our Marijuana Law Blog regularly to stay on top of news and regulations that may affect you!


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 doctorspharmacists, 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:

Gross, Samantha. “In landslide vote, Florida House agrees to end ban on smoking medical marijuana.” Miami Herald. (March 14, 2019). Web.

Farrington, Brenden. “Florida passes bill to repeal smokable medical marijuana ban.” AP News. (March 13, 2019). 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 representation, medical marijuana regulation attorney, medical marijuana lawyer, legal representation for medical marijuana issues, Florida marijuana law attorney, 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 HealthLaw 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 © 2019 The Health Law Firm. All rights reserved.

Florida Governor Officially Legalizes Smoking Medical Marijuana

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

On March 18, 2019, Gov. Ron DeSantis officially signed a bill into law allowing the use of smokable medical marijuana by eligible patients. The governor’s signature on legislative bill SB 182, “Medical Use of Marijuana,” was the first he has approved since taking office in January 2019 and was a top priority for the newly elected governor. Additionally, he filed a joint motion to dismiss People United for Medical Marijuana v. Department of Health, a case in which the Florida Department of Health (DOH) was arguing that smoking medical marijuana was not allowed. The action ends the litigation in which a state court judge had already ruled that a prior state law ban on smoking medical marijuana was unconstitutional under the Florida Constitution.

SB 182 “Medical Use of Marijuana.”

The new law takes effect immediately; however, it could take time for the Department of Health (DOH) to approve new rules to guide doctors. This means that patients might have to wait a little longer for smokable forms of marijuana to become available. “I thank my colleagues in the Legislature for working with me to ensure the will of the voters is upheld,” DeSantis said in a released statement. “Now that we have honored our duty to find a legislative solution, I have honored my commitment and filed a joint motion to dismiss the state’s appeal.’’ Click here to read the press release issued by Gov. DeSantis.

To see a copy of SB 182 “Medical Use of Marijuana”signed by Governor DeSantis, click here.

Click here to read my prior blog on DeSantis’ prior deadline on the smoking ban.

Let’s Get Real

Let’s get real for a minute. Having smokable medical marijuana made legal (as the Florida Constitution Amendment of 2016 already did), does a lot more to help patients who need it than may initially be realized. All state agencies and law makers have done since the passage of the constitutional amendment was to attempt to over-regulate and restrict the availability of medical marijuana to the public. Now citizens don’t have to wait for more regulations to be adopted, for purification standards and manufacturing plants to be set up, for dispensaries to be opened up amid local city zoning challenges; they can just stop next to the road in the right location, pick some plants, and smoke them. Cheap, easy, widely accessible. It could bode the end of the world.

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:

Anderson, Curt. “Florida governor signs smokable medical pot bill into law.” Associated Press. (March 18, 2019). Web.

Rohrer, Gray. “Florida Gov. Ron DeSantis signs smokable medical marijuana bill into law.” Orlando Sentinel. (March 18, 2019). Web.

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 © 2019 The Health Law Firm. All rights reserved.

Florida House Passes Bill to Allow Smoking Medical Marijuana

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

On March 13, 2019, two days before Gov. DeSantis’ deadline to pass a bill repealing Florida’s ban on smoking medical marijuana, the House finally passed the legislation. Florida lawmakers affirmed the right of patients to smoke medical marijuana. The vote was 101 to 11 in favor of revoking the ban. The House approved a Senate bill to include “smoking” in the language. The bill allows patients to receive up to 2.5 ounces of whole flower cannabis every 35 days as recommended by a licensed physician.


“Smoking” Medical Marijuana.

Florida voters originally approved medical marijuana in an amendment to the florida Constitution in 2016. However, state bureaucrats and legislators have done everything they could to not implement the will of the people. State lawmakers banned all smokable forms of the drug in a bill signed by then-Gov. Rick Scott in 2017.

In January 2019, the newly-elected governor said the current law doesn’t represent the will of the voters. He said he would drop the appeal if lawmakers didn’t repeal the ban by mid-March of 2019. Click here to read my prior blog to learn more.


Details of the New Marijuana Legislation.

The new bill places several conditions for allowing smokeable medical marijuana. It allows qualifying patients to receive up to 2.5 ounces of whole flower cannabis (the smokeable form) every 35 days as recommended by their physician. Patients would not be able to possess more than four ounces of marijuana in a smokable form.

It would not be available to anyone under the age of 18 unless the patient is terminally ill. Additionally, two doctors, one of them being a pediatrician, must give approval as the most effective form of treatment. Under the bill, a second opinion from a board-certified pediatrician would be required for all non-terminal patients under age 18.

Also, the new legislation states that it could not be smoked in public or at private businesses subject to Florida’s cigarette smoking ban. The bill gives private property owners the right to prohibit smokeable marijuana if they choose.

Medical Marijuana Research and Education Board.

In addition to repealing the “smoking ban,” the bill also establishes Florida’s Medical Marijuana Research and Education Board. The board will oversee a research consortium established by the state university system’s Board of Governors. With the new legislation, the Board will receive $1.5 million for the program. Instead of only including the University of Florida as the previous law did, all universities can apply to participate in the Research and Education Board.

The new legislation only addressed the ban on smoking medical marijuana and didn’t address other issues that Gov. DeSantis has brought up. The new Florida Governor has been at the forefront of several high profile topics since taking office, such as drug-free workplace protections and caps on the number of medical marijuana licenses and dispensaries. Click here to learn more.

Be sure to check our Marijuana Law Blog regularly to stay on top of news and regulations that may affect you!

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:

Gross, Samantha. “In landslide vote, Florida House agrees to end ban on smoking medical marijuana.” Miami Herald. (March 14, 2019). Web.

Farrington, Brenden. “Florida passes bill to repeal smokable medical marijuana ban.” AP News. (March 13, 2019). 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 representation, medical marijuana regulation attorney, medical marijuana lawyer, legal representation for medical marijuana issues, Florida marijuana law attorney, 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 © 2019 The Health Law Firm. All rights reserved.

Florida DOH Challenges Ruling to Eliminate Cap on Medical Pot Dispensaries

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

On February 15, 2019, the Florida Department of Health (DOH) appealed a circuit judge’s ruling on a law that capped the number of medical marijuana licenses and dispensaries in the state. Attorneys for the DOH filed a notice that said they were challenging a February 2019, ruling by Leon County Circuit Judge Karen Gievers. This action seems somewhat hypocritical, given Governor DeSantis’s recent statements. After all, he appoints the Florida Surgeon General, who is also the head of the Florida Department of Health.

Her Prior Ruling.

Judge Gievers struck down Florida’s medical marijuana dispensary cap and sided with the medical marijuana operator Trulieve. She found that the limit on dispensaries violated a 2016 constitutional amendment that broadly legalized medical marijuana. Gievers wrote that the dispensary cap, instituted by the Florida Legislature in 2017, “erects barriers” that increase costs and delay access to medical marijuana products.

The lawsuit was originally filed in 2018 by Trulieve, a multi-state company that currently has the most dispensaries in Florida. You can read more about that here.

Unconstitutional Cap.

In 2017, Florida state lawmakers capped the number of dispensaries a medical marijuana operator could open at 25 each. The cap was increased to 30 when the number of patients passed the 100,000 threshold and remains current today. Florida’s new governor, Ron DeSantis, has already demanded that state lawmakers loosen tough restrictions on the medical marijuana industry.

These restrictions have created a series of other suits, including a ban on smoking medical marijuana. In 2018, Gievers found that the smoking ban violated the 2016 constitutional amendment, prompting the DOH to appeal. Click here to learn more.

Stay up to date on news and changing regulations for the medical marijuana industry in Florida and the United States by checking 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 and visit our website at www.TheHealthLawFirm.com.

Sources:

Saunders, Jim. “Florida health agency challenges ruling on medical marijuana dispensaries.” Orlando Sentinel. (February 20, 2019). Web.

“Florida to challenge court ruling that would up medical cannabis dispensary caps.” Marijuana Business Daily. (February 19, 2019). 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 representation, medical marijuana regulation attorney, medical marijuana lawyer, legal representation for medical marijuana issues, Florida marijuana law attorney, 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 © 2019 The Health Law Firm. All rights reserved.

Florida Governor: Crush Out Pot Smoking Ban

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 17, 2019, new Florida Governor Ron DeSantis said that the Florida State Legislature should end its losing efforts to keep in place a ban on smoking medical pot or he will end the state’s defense of the “no smoking” policy in a pending lawsuit. The current lawsuit was brought because the state Legislature and former administration was taking the position that medical marijuana could not be smoked, despite the amendment to the Florida Constitution that was passed making medical marijuana legal. The constitutional amendment does not say anything at all about what the proper forms of medical marijuana could be, leaving most methods of ingestion open.

The new governor also indicated that he thinks the state should loosen the restrictive licensing requirements for medical marijuana treatment centers, requirements that include vertically integrated businesses and capping the number of retail outlets they can operate. He did not include, however, support for legalization of the drug’s recreational use.

The Fight for Florida’s Medical Marijuana Legislation.

In 2017, Governor Rick Scott signed, and Legislature passed, both the smoking ban and the current overly-restrictive licensing structure.  A circuit court judge ruled in May 2018, that the smoking ban is unconstitutional, but then Scott appealed the decision. Click here to read one of my prior blogs and learn more about the status of marijuana in Florida.

DeSantis indicated that he will direct state attorneys to move for a stay on any decision in the case until mid-March 2019. This will give the Legislature two weeks at the start of its annual session to pass legislation rescinding the ban, he said. If this does not happen, he said he will have the state drop its appeal of the decision, leaving the circuit court judge’s decision in place.

Make sure to check out our Marijuana Law Blog regularly to stay up to date on the changing laws and regulations. Also, visit our YouTube page and watch our Medical Marijuana Video Blog to learn more.

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:

Farrington, Brenden. “Florida Governor Wants Ban on Smokable Medical Pot Ended.” U.S. NEWS. (January 17, 2019). Web.

Hale, Nathan. “Fla. Gov. Wants Legislature To Cut Medical Pot Smoking Ban.” Law360. (January 17, 2019). 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 © 2019 The Health Law Firm. All rights reserved.

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

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

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

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

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

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

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

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

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

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

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

Sources:

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

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

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

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