Study Reveals 1 in 5 Medicare Recipients Use Medical Marijuana, 66% Agree It Should Be Covered

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

A new study has revealed that one in five Medicare recipients use medical marijuana and two-thirds think Medicare should cover it. MedicarePlans.com, a group examining various Medicare issues, commissioned the online poll of 1,250 Medicare recipients in April 2022.

Two-thirds of those polled said they “strongly agree” or “agree” that medical marijuana should be covered by Medicare. Thirty-four percent said they “disagree” or “strongly disagree.”

More Details About Responses.

In the poll, 23% admitted to using medical pot in the past, and 21% said they currently use it to treat one or more medical conditions. Additionally, current use for health reasons was highest among respondents who used marijuana recreationally (39%). 28% of recreational users said they previously used medical marijuana.

The study revealed that respondents use it to treat various physical and mental health conditions, including 32% for anxiety and 31% for chronic pain. In addition, roughly one-quarter said they use it to treat depression, glaucoma, and symptoms associated with HIV/AIDS, including nausea, appetite loss, and pain.

Nearly six in ten supporters of Medicare coverage of medical marijuana said they do so because it can be effective when other treatments fail. To learn more details and facts about the study, click here to view the Medicare Plan’s website poll.

Reasons Why Medicare Should Cover Medical Marijuana.

  1. It would save the Medicare Program a fortune in payments it would otherwise make for high-priced prescription drugs peddled by “Big Pharma.”
  2. It would save the Medicare Program a fortune in payments for physician office visits for such ailments as depression, anxiety, glaucoma, insomnia, chronic pain, lack of appetite, and other such ailments it is known to treat.
  3. It would help cut down on patients who are unable to get timely appointments to see physicians.
  4. It would make an otherwise relatively harmless medication more easily available to those who need it.
  5. It would help reduce prescriptions for highly addictive drugs such as opioids and other “heavy duty” pain medications.

Reasons Why Medicare Can’t Cover Medical Marijuana.

    1. Because it is illegal under federal law, solely because it is on Schedule I of the Controlled Substances Act, defining it as a substance with “high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.” Yes, it is right there along with heroin and LSD. All that has to be done is for the federal government to remove it from Schedule 1.

To keep up to date on the status of medical marijuana, be sure to visit our Marijuana Law Blog regularly.

Contact Experienced Health Law Attorneys for Medical Marijuana Regulatory Matters and Other Health Care Licensing Matters.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists, and pharmacies, participating in the medical marijuana industry. We represent doctors, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies. We represent health-related businesses and medical professionals in all types of licensing and regulatory matters, including state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Scatton, Kristin. “1 IN 5 MEDICARE RECIPIENTS USE MEDICAL MARIJUANA.” Medicare Plans. (April 12, 2022). Web.

Preidt, Robert. “1 in 5 Medicare Patients Use Medical Marijuana: Survey.” HealthDay. (April 14, 2022). Web.

Health Law Daily. “One In Five Medicare Recipients Say They Use Medical Marijuana, Two-Thirds Say It Should Be Covered By Medicare, Survey Finds.” AHLA. (April 14, 2022). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714; Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2022 The Health Law Firm. All rights reserved.

Mississippi Becomes 37th State to Legalize Medical Marijuana

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

On February 2, 2022, the Gov. of Mississippi signed the “Mississippi Medical Cannabis Act” legalizing medical marijuana in the state. The law permits the use of medical cannabis to treat certain debilitating medical conditions, including cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, HIV/AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, dementia, post-traumatic stress disorder, autism, cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, intense muscle spasms, among others.

Although the law became effective immediately upon signing by the Governor, medical cannabis will not become available for months.

Specifics of Mississippi SB 2095.

Under the new Mississippi law, medical pot products will include cannabis flower, cannabis extracts, edible cannabis products, beverages, topical products, ointments, oils, tinctures, and suppositories. In addition, it allows approved patients up to 3 ounces of marijuana a month.

Favorable Provisions For Employers Included in Mississippi S.B. 2095:

There are a number of provisions in the new law to protect employers; employees should be aware of these, also. They include:

1. Employers are not required to permit or accommodate the medical use of medical cannabis or to modify any job or working conditions or any employee who engages in the medical use of cannabis or seeks to engage in the medical use of cannabis.

2. Employers are not prohibited from refusing to hire, discharging, disciplining, or otherwise taking adverse employment action against an individual concerning hiring, discharging, tenure, terms, conditions, or privileges of employment as a result, in whole or in part, of that individual’s medical use of medical cannabis, regardless of the individual’s impairment or lack of impairment resulting from the medical use of medical cannabis.

3. Employers are not prohibited from establishing or enforcing a drug testing policy.

4. Employers may discipline employees who use medical cannabis in the workplace or work while under the influence of medical cannabis.

5. The law does not interfere with, impair or impede any federal requirements or regulations such as the U.S. Department of Transportation’s drug and alcohol testing regulations.

6. The law does not permit, authorize or establish an individual’s right to commence or undertake any legal action against an employer for refusing to hire, discharging, disciplining, or otherwise taking adverse employment action against an individual concerning hiring, discharging, tenure, terms, conditions or privileges of employment due to the individual’s medical use of medical cannabis.

7. Employers and their workers’ compensation carriers are not required to pay for or to reimburse an individual for the costs associated with the medical use of cannabis.

8. The law does not affect, alter or otherwise impact the workers’ compensation premium discount available to employers who establish a drug-free workplace program.

9. The law does not affect, alter or otherwise impact an employer’s right to deny or establish legal defenses to the payment of workers’ compensation benefits to an employee based on a positive drug test or refusal to submit to or cooperate with a drug test.

10. The law does not authorize an individual to act with negligence, gross negligence, recklessness, in breach of any applicable professional or occupational standard of care, or to effect an intentional wrong, as a result, in whole or in part, of that individual’s medical use of medical cannabis.

11. The law prohibits smoking and vaping medical cannabis in a public place or a motor vehicle.

12. The law prohibits operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, motorboat, or other conveyance in a manner that would violate state or federal law as a result, in whole or in part, of that individual’s medical use of medical cannabis.

13. The law does not create an employee’s private right of action against an employer.

Despite these provisions, employers should always review the law to determine whether any revisions to drug and alcohol testing policies or other workplace policies will be necessary.

Key Takeaway For Employees.

The absence of any employment protection language in the new bill suggests that some Mississippi employers may take adverse actions against employees who hold medical marijuana cards. However, even if taking actions against employees is lawful under the act, legal cardholders may pursue disability discrimination and accommodation claims related to their medical use of marijuana.

Individuals must have a qualifying medical condition to receive a medical marijuana card. Any of the twenty medical conditions that would make an individual eligible for a card in Mississippi likely would be considered a disability under laws such as the Americans with Disabilities Act (ADA). In past legal cases, courts and administrative agencies around the country have regularly determined that medical marijuana cardholders may assert disability discrimination and accommodation claims under state law and, in some instances, the ADA.

Click here to read my blog regarding an employee’s discrimination lawsuit in Arizona for her medical marijuana use.


List of Policies, Procedures, and Other Regulations for Patients.

1. Who can qualify for medical marijuana? Patients who have debilitating medical conditions can be prescribed medical marijuana to help treat their illness. The act lists twenty medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in Mississippi, including cancer, Crohn’s disease, post-traumatic stress disorder, any “chronic, terminal, or debilitating” condition producing chronic pain, and “any other condition” that may be added by the Mississippi Department of Health in the future.

2. What do patients need to do to get medical marijuana? Patients seeking medical cannabis need written certification from a qualifying practitioner. The certification is good for a year unless the practitioner indicates a shorter period of time. Patients between ages 18-23 generally must have written certifications from two different practitioners from separate medical practices to qualify. (There is an exception for those who registered before they were 18 and the homebound.) Once the patient has the certification, they must then obtain a registry identification card from the Mississippi Department of Health. The state health department has the ultimate oversight authority over the medical cannabis program.

3. Possession and Purchase Limits. The legal limit for possession and purchase is calculated based on “Medical Cannabis Equivalency Units” (MCEUs) of 3.5 grams of flower, up to 100 mg of THC in infused products, and up to one gram of concentrate. Patients may not purchase more than six MCEUs in a week (21 grams, which is less than 3/4 ounce). Patients may not purchase more than 24 MCEUs in a month (84 grams, which is less than 3 ounces). Patients may not possess more than 28 MCEUs at one time (98 grams, which is less than 3.5 ounces). Flower cannot exceed 30% THC. Tinctures, oils, and concentrates may not exceed 60%.

4.  Legal protections.  Patients can designate a caregiver to assist them with the medical use of cannabis, such as by picking up their cannabis from a dispensary. Caregivers can assist no more than five patients, with exceptions when the caregiver works at a health facility or similar institution that provides care to patients. Delivery and curbside pickup is prohibited. (However, MDOH rules include, “Protocol development for the safe delivery of medical cannabis from dispensaries to cardholders.” Additionally, registered patients are protected from discrimination in child custody disputes and in reference to gun rights.

With this law, Mississippi became the 37th state to adopt a medical marijuana program. View the “Mississippi Medical Cannabis Act” SB 2095 in full here.

Read one of my prior blogs on medical marijuana here.

Visit our Marijuana Law Blog page to stay up to date on key legislation and topics that may affect you!

Contact Experienced Health Law Attorneys for Medical Marijuana Regulatory Matters and Other Health Care Licensing Matters.

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. We represent health-related businesses and medical professionals in all types of licensing and regulatory matters, including state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Russo, Kathryn. “Mississippi Enacts Medical Marijuana Law.” The National Law Review. (February 4, 2022). Web.

Gordon, Gracyn. “Medical marijuana bill now becomes law in Mississippi.” WAPT16 ABC. (February 3, 2022). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714; Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2022 The Health Law Firm. All rights reserved.

House Committee Advances Bill to Expand Medical Marijuana Research

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 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: “amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.”

HR 3797 – Medical Marijuana Research Act.

The amendment to existing federal law would allow researchers to use “marijuana products available through State-authorized marijuana programs” until there are federally-approved suppliers who can meet the demand of the federal researchers. More specifically, there will be no limit on the number of entities that could be federally approved to cultivate and distribute cannabis for research purposes. Additionally, the Secretary of Health and Human Services would be required to submit a report to Congress that includes a review of cannabis research and a note on whether cannabis should be rescheduled on the drug schedules that are used to decide what drugs are controlled substances.

The amendment also takes care of a problem in the law it amends to prevent government law enforcement officials from interfering with the sale or distribution of research marijuana.


Advancement in Cannabis Cultivation.

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, (NORML) said in a statement that the amendments to the law advanced by the bill were “necessary and long overdue.”

“Rather than compelling scientists to access marijuana products of questionable quality manufactured by a limited number of federally licensed producers, federal regulators should allow investigators to access the cannabis and cannabis-infused products that are currently being produced in the legal marketplace by the multitude of state-sanctioned growers and retailers,” Armentano said.

George F. Indest III, President and Managing Partner of The Health Law Firm also stated: “This is a law that is necessary and long overdue.” He urged everyone to contact their U.S. Representative and Senators and ask them to vote in favor of it.

The next step for the bill is a vote on the House floor; however, it is unclear whether this will happen and when it will happen, given everything that is occurring at present.

To read HR3797 in full, click here.

EVERYONE SHOULD WRITE THEIR U.S. CONGRESSIONAL REPRESENTATIVE AND THEIR TWO SENATORS AND REQUEST THAT THEY SUPPORT THIS BILL.

Click here to go to our Marijuana Law Blog page and read my prior blog on this subject to learn more.

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 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Reisman, Sam. “House Committee Advances Medical Marijuana Research Bill.” Law360. (September 9, 2020).

Rashidian, Nushin. “Key House Committee Advances Cannabis Research Bill.” Cannabis Newswire. (September 9, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2021 The Health Law Firm. All rights reserved.

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 2016 to get one of the state’s few medical marijuana licenses. It has been involved in ongoing litigation in state court over Florida’s medical marijuana licensing process.

The nursery claims that the U.S. Constitution protects a property right to the licenses even if Congress has outlawed marijuana because the right itself is created by state law. In its suit, Louis Del Favero Orchids said that the property right itself originates in Florida state law, specifically, the law that legalized medical marijuana. Federal law can only determine “whether a given property interest rises to the level of a protected property interest,” the nursery argued in its brief.

According to the nursery’s brief, it sought damages and an injunction requiring the state of Florida to grant the company a hearing on its application for a medical marijuana license. You can read the nursery’s brief here.

Property Right in the “Process of” the Issuance of a Medical Marijuana License?

The Florida nursery filed its case first in federal court in June 2019. But in November 2019, the federal judge threw out the suit, deciding that the company had a property interest in the pot license under state law, but not under the 14th Amendment to the U.S. Constitution. The lower court decided that if Congress has legislated that marijuana is against the law, then it can’t be property protected by the U.S. Constitution. As a result, this decision, the nursery quickly appealed the ruling to the Eleventh Circuit.

In the brief it filed in the Court of Appeals, the Florida DOH urged the Eleventh Circuit to uphold the district court’s decision. It argued that not only is the right to a medical pot license not protected by the 14th Amendment, but there’s no property right in the process of medical marijuana licensure, the DOH told the court.

Click here to read the Florida DOH’s brief in full.

What the case does not discuss is the fact the Florida Constitution contains a provision identical to the 14th Amendment of the U.S. Constitution, in its Article 1, Section 9, which states: “Due process.—No person shall be deprived of life, liberty or property without due process of law. . . .” However, if the federal court’s decision stands, then this would be a matter solely based on Florida law and not one for the federal courts.

To learn more about their ongoing litigation in Florida involving medical marijuana issues, click here.

Click here to go to our Marijuana Law Blog page and read my prior blog on this subject to learn more.

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 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Jones, Diana. “No Constitutional Right To Pot Licenses, Fla. Tells 11th Circ.” Law360. (August 27, 2020). Web.

Jones, Diana. “Nursery Tells 11th Circ. Pot License Constitutionally Protected.” Law360. (June 29, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2021 The Health Law Firm. All rights reserved.

House Committee Advances Medical Marijuana Research Bill

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 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: “amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.”

HR 3797 – Medical Marijuana Research Act.

The amendment to existing federal law would allow researchers to use “marijuana products available through State-authorized marijuana programs” until there are federally-approved suppliers who can meet the demand of the federal researchers. More specifically, there will be no limit on the number of entities that could be federally approved to cultivate and distribute cannabis for research purposes. Additionally, the Secretary of Health and Human Services would be required to submit a report to Congress that includes a review of cannabis research and a note on whether cannabis should be rescheduled on the drug schedules that are used to decide what drugs are controlled substances.

The amendment also takes care of a problem in the law it amends to prevent government law enforcement officials from interfering with the sale or distribution of research marijuana.


Advancement in Cannabis Cultivation.

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, (NORML) said in a statement that the amendments to the law advanced by the bill were “necessary and long overdue.”

“Rather than compelling scientists to access marijuana products of questionable quality manufactured by a limited number of federally licensed producers, federal regulators should allow investigators to access the cannabis and cannabis-infused products that are currently being produced in the legal marketplace by the multitude of state-sanctioned growers and retailers,” Armentano said.

George F. Indest III, President and Managing Partner of The Health Law Firm also stated: “This is a law that is necessary and long overdue.” He urged everyone to contact their U.S. Representative and Senators and ask them to vote in favor of it.

The next step for the bill is a vote on the House floor; however, it is unclear whether this will happen and when it will happen, given everything that is occurring at present.

To read HR3797 in full, click here.

EVERYONE SHOULD WRITE THEIR U.S. CONGRESSIONAL REPRESENTATIVE AND THEIR TWO SENATORS AND REQUEST THAT THEY SUPPORT THIS BILL.

Click here to go to our Marijuana Law Blog page and read my prior blog on this subject to learn more.

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 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Reisman, Sam. “House Committee Advances Medical Marijuana Research Bill.” Law360. (September 9, 2020).

Rashidian, Nushin. “Key House Committee Advances Cannabis Research Bill.” Cannabis Newswire. (September 9, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 202 The Health Law Firm. All rights reserved.

Florida Defends Marijuana Law in High-Stakes State Supreme Court Battle

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

On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana for patients. The Florida Department of Health (DOH) argues that there is no conflict between the voter-approved medical marijuana amendment and the state’s caps on providers.

Ongoing Battle in the Courts.

The case primarily centers on a requirement that the Legislature put in the 2017 law about marijuana firms allowed to operate in the state. That requirement says the companies must be able to handle all aspects of the business, including growing, processing, and distributing products. The Florida DOH appealed to the Supreme Court after lower courts sided with Florigrown, a Tampa-based company. For several years, Florigrown has unsuccessfully sought approval to become a licensed medical-marijuana operator in Florida. Click here to read my prior blog and learn more.

Arguing Over Semantics.

The key part of the case focuses on the text of the amendment in determining whether the vertical integration model is proper. The language in question is the difference in the words “or” and “and” in the amendment’s definition of a medical marijuana treatment center (MMTC).

The constitutional amendment defined MMTCs as “an entity that acquires, cultivates, possesses, processes … transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials.”

Meanwhile, the implementing 2017 law defines MMTCs as an entity that “cultivates, processes, transports and dispenses marijuana for medical use.”

Florigrown argues that the switch from “or” to “and” creates wording that establishes the vertically integrated system, as it establishes a need to perform all aspects of the business.

In its defense, the Florida DOH argued that the 2017 law does not directly conflict with a “proper, textual interpretation” of the constitutional amendment and directly calls for regulations on the availability and safe use of the substance.

To read more on this ongoing case and Florigrown’s lawsuit, click here to read my prior blog.

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. “Case challenging Florida law on medical marijuana licenses may hinge on ‘and’ vs. ‘or’.” Miami Herald. (May 6, 2020).

Bolado, Carolina. “Fla. Defends Medical Pot Regulations Before State High Court.” Law360. (May 6, 2020). 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, Suite 1000, Altamonte Springs, Florida 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 © 2021 The Health Law Firm. All rights reserved.

Florida Defends Medical Pot Law in High-Stakes State Supreme Court Battle

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

On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana for patients. The Florida Department of Health (DOH) argues that there is no conflict between the voter-approved medical marijuana amendment and the state’s caps on providers.

Ongoing Battle in the Courts.

The case primarily centers on a requirement that the Legislature put in the 2017 law about marijuana firms allowed to operate in the state. That requirement says the companies must be able to handle all aspects of the business, including growing, processing, and distributing products. The Florida DOH appealed to the Supreme Court after lower courts sided with Florigrown, a Tampa-based company. For several years, Florigrown has unsuccessfully sought approval to become a licensed medical-marijuana operator in Florida. Click here to read my prior blog and learn more.

Arguing Over Semantics.

The key part of the case focuses on the text of the amendment in determining whether the vertical integration model is proper. The language in question is the difference in the words “or” and “and” in the amendment’s definition of a medical marijuana treatment center (MMTC).

The constitutional amendment defined MMTCs as “an entity that acquires, cultivates, possesses, processes … transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials.”

Meanwhile, the implementing 2017 law defines MMTCs as an entity that “cultivates, processes, transports and dispenses marijuana for medical use.”

Florigrown argues that the switch from “or” to “and” creates wording that establishes the vertically integrated system, as it establishes a need to perform all aspects of the business.

In its defense, the Florida DOH argued that the 2017 law does not directly conflict with a “proper, textual interpretation” of the constitutional amendment and directly calls for regulations on the availability and safe use of the substance.

To read more on this ongoing case and Florigrown’s lawsuit, click here to read my prior blog.

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. “Case challenging Florida law on medical marijuana licenses may hinge on ‘and’ vs. ‘or’.” Miami Herald. (May 6, 2020).

Bolado, Carolina. “Fla. Defends Medical Pot Regulations Before State High Court.” Law360. (May 6, 2020). 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, Suite 1000, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: medical marijuana regulation attorney,  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, health law defense attorney, Florida medical cannabis legal representation, medical cannabis lawyer, cannabis defense lawyer, health lawyers for medical marijuana distributors, legal counsel for medical marijuana growers and distributors, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, legal counsel for complex medical business dispute, complex healthcare law dispute attorney, complex healthcare business transaction attorney

“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 © 2021 The Health Law Firm. All rights reserved.

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 one of the state’s few medical marijuana licenses. It has been involved in ongoing litigation in state court over Florida’s medical marijuana licensing process.

The nursery claims that the U.S. Constitution protects a property right to the licenses even if Congress has outlawed marijuana because the right itself is created by state law. In its suit, Louis Del Favero Orchids said that the property right itself originates in Florida state law, specifically, the law that legalized medical marijuana. Federal law can only determine “whether a given property interest rises to the level of a protected property interest,” the nursery argued in its brief.

According to the nursery’s brief, it sought damages and an injunction requiring the state of Florida to grant the company a hearing on its application for a medical marijuana license. You can read the nursery’s brief here.

Property Right in the “Process of” the Issuance of a Medical Marijuana License?

The Florida nursery filed its case first in federal court in June 2019. But in November 2019, the federal judge threw out the suit, deciding that the company had a property interest in the pot license under state law, but not under the 14th Amendment to the U.S. Constitution. The lower court decided that if Congress has legislated that marijuana is against the law, then it can’t be property protected by the U.S. Constitution. As a result, this decision, the nursery quickly appealed the ruling to the Eleventh Circuit.

In the brief it filed in the Court of Appeals, the Florida DOH urged the Eleventh Circuit to uphold the district court’s decision. It argued that not only is the right to a medical pot license not protected by the 14th Amendment, but there’s no property right in the process of medical marijuana licensure, the DOH told the court.

Click here to read the Florida DOH’s brief in full.

What the case does not discuss is the fact the Florida Constitution contains a provision identical to the 14th Amendment of the U.S. Constitution, in its Article 1, Section 9, which states: “Due process.—No person shall be deprived of life, liberty or property without due process of law. . . .” However, if the federal court’s decision stands, then this would be a matter solely based on Florida law and not one for the federal courts.

To learn more about their ongoing litigation in Florida involving medical marijuana issues, click here.

Click here to go to our Marijuana Law Blog page and read my prior blog on this subject to learn more.

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 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Jones, Diana. “No Constitutional Right To Pot Licenses, Fla. Tells 11th Circ.” Law360. (August 27, 2020). Web.

Jones, Diana. “Nursery Tells 11th Circ. Pot License Constitutionally Protected.” Law360. (June 29, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2021 The Health Law Firm. All rights reserved.

House Committee Advances Medical Marijuana Bill to Expand Research

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 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: “amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.”

HR 3797 – Medical Marijuana Research Act.

The amendment to existing federal law would allow researchers to use “marijuana products available through State-authorized marijuana programs” until there are federally-approved suppliers who can meet the demand of the federal researchers. More specifically, there will be no limit on the number of entities that could be federally approved to cultivate and distribute cannabis for research purposes. Additionally, the Secretary of Health and Human Services would be required to submit a report to Congress that includes a review of cannabis research and a note on whether cannabis should be rescheduled on the drug schedules that are used to decide what drugs are controlled substances.

The amendment also takes care of a problem in the law it amends to prevent government law enforcement officials from interfering with the sale or distribution of research marijuana.


Advancement in Cannabis Cultivation.

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, (NORML) said in a statement that the amendments to the law advanced by the bill were “necessary and long overdue.”

“Rather than compelling scientists to access marijuana products of questionable quality manufactured by a limited number of federally licensed producers, federal regulators should allow investigators to access the cannabis and cannabis-infused products that are currently being produced in the legal marketplace by the multitude of state-sanctioned growers and retailers,” Armentano said.

George F. Indest III, President and Managing Partner of The Health Law Firm also stated: “This is a law that is necessary and long overdue.” He urged everyone to contact their U.S. Representative and Senators and ask them to vote in favor of it.

The next step for the bill is a vote on the House floor; however, it is unclear whether this will happen and when it will happen, given everything that is occurring at present.

To read HR3797 in full, click here.

EVERYONE SHOULD WRITE THEIR U.S. CONGRESSIONAL REPRESENTATIVE AND THEIR TWO SENATORS AND REQUEST THAT THEY SUPPORT THIS BILL.

Click here to go to our Marijuana Law Blog page and read my prior blog on this subject to learn more.

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 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Reisman, Sam. “House Committee Advances Medical Marijuana Research Bill.” Law360. (September 9, 2020).

Rashidian, Nushin. “Key House Committee Advances Cannabis Research Bill.” Cannabis Newswire. (September 9, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2021 The Health Law Firm. All rights reserved.

 

 

Veterans Want Federal Court To Reconsider DEA Marijuana Classification

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

On October 1, 2020, military veterans urged the U.S. Ninth Circuit Court of Appeals to reconsider the U.S. Drug Enforcement Administration’s (DEA) restrictive marijuana classification. The Iraq and Afghanistan Veterans of America (IAVA) said in an amicus curiae (friend of the court) brief that designating the drug a highly controlled substance has impeded medical research that could save lives.

Marijuana Claimed to Be a “Life-saving Treatment” for Veterans.

IAVA’s brief focused on suicide rates among returning soldiers. The group claimed the current status of marijuana on the drug schedules, listing it as a Schedule I drug, one without any medical use, under federal law inhibits studies to demonstrate its potential in the treatment of post-traumatic stress disorder (PTSD).

According to the IAVA’s brief, the Schedule I status of marijuana prevents the U.S. Department of Veterans Affairs (VA) and private practitioners from studying the benefits and risks of medical marijuana. This results in keeping life-saving treatment away from veterans suffering from PTSD who reside in states where they are not available.

The brief stated that 40% of veterans experience some form of PTSD that is not helped by treatments approved by the U.S. Food and Drug Administration. In 2019, IAVA conducted a survey showing that 20% of respondents used marijuana for medicinal purposes. Additionally, 90% of survey respondents support expanding clinical research for medical uses, and 90% would use it if it were an option.

To read IAVA’s amicus brief in full, click here.

Click here to read my recent blog on a proposed medical marijuana research bill.

Schedule I Drug.

Marijuana is listed as a Schedule I drug on the federal drug schedules. “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.” Some examples of Schedule I drugs include heroin, LSD, and ecstasy. Anyone viewing these drugs objectively would come to the conclusion that marijuana is simply not like the others.

It Is High Time for a Change.

Many veterans have returned from overseas combat severely affected by PTSD and other mental disorders. There is simply not enough available care through the VA to take care of them all. Moreover, many of these suffer from illnesses making them paranoid or suspicious of even seeking such care. Many are homeless. Many are able to function, some normal and some almost normally, by self-medicating with marijuana.

As more and more states authorize medical marijuana, the federal government should acknowledge that there is some benefit to its use and reclassify it. It is simply common sense. Too long has the public labored under the unjust and unsupportable assumption that incorrectly categorizes it as a Schedule I drug. It needs to be moved to Schedule V or Schedule IV. Medical bills would go down, drug bills would go down, and legitimate physicians, even federal physicians, would be allowed to prescribe it.

Contact Experienced Health Law Attorneys for Medical Marijuana Regulatory Matters and Other Health Care Licensing Matters.

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. We represent health-related businesses and medical professionals in all types of licensing and regulatory matters, including state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Reisman, Sam. “Veterans Urge 9th Circ. To Hear Challenge To DEA’s Pot Status.” Law360. (October 7, 2020). Web.

Jeager, Kyle. “Military Veterans Group Asks Federal Court To Hear Marijuana Case Challenging DEA Classification.” Marijuana Moment. (October 8, 2020). 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2020 The Health Law Firm. All rights reserved.

 

Go to Top