Florida DOH Claims Orchid Nursery Has No Constitutional Protection In Marijuana Licenses

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state of Florida issue licenses for or control a business that is illegal under federal law?”

Is the Law Constitutionally Protected?

The would-be medical pot nursery operator has been fighting since […]

Florida Department of Health Claims Orchid Nursery Has No Constitutional Protection In Pot Licenses

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state of Florida issue licenses for or control a business that is illegal under federal law?”

Is the Law Constitutionally Protected?

The would-be medical pot nursery operator has been fighting […]

Florida Department of Health Claims Orchid Nursery Has No Constitutional Protection In Pot Licenses

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state of Florida issue licenses for or control a business that is illegal under federal law?”

Is the Law Constitutionally Protected?

The would-be medical pot nursery operator has been fighting since 2016 to get […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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