legal representation for marijuana regulations

Maryland & Missouri Become 20th and 21st States to Legalize Recreational Marijuana

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

Five states had proposals to legalize recreational marijuana on the ballot in the midterm elections held on November 8, 2022. Voters in Maryland and Missouri approved the legalization, while Arkansas, North Dakota, and South Dakota rejected similar proposals. As a result of the vote, Maryland and Missouri became the 20th and 21st states to legalize cannabis for adult recreational use.

Maryland.

Maryland’s voters overwhelmingly approved Question 4 as it passed, with 65% of voters casting ballots in favor. The amendment creates a right to possess and use marijuana and directs the state Legislature to enact […]

By The Health Law Firm|2024-03-14T09:59:11-04:00March 1, 2024|Marijuana Law Blog|

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

By 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 […]

By The Health Law Firm|2024-03-14T09:59:25-04:00July 16, 2023|Marijuana Law Blog|

House Committee Advances Bill to Expand Medical Marijuana Research

By 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 […]

By The Health Law Firm|2024-03-14T09:59:44-04:00March 29, 2021|Nursing Law Blog|

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

By 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 […]

By The Health Law Firm|2024-03-14T09:59:46-04:00March 15, 2021|Health Facilities Law Blog|

House Committee Advances Medical Marijuana Research Bill

By 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 […]

By The Health Law Firm|2024-03-14T09:59:46-04:00March 12, 2021|Medical Education Law Blog|

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

By 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 […]

By The Health Law Firm|2024-03-14T09:59:49-04:00February 17, 2021|Mental Health Law Blog|

House Committee Advances Medical Marijuana Bill to Expand Research

By 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 […]

By The Health Law Firm|2024-03-14T09:59:49-04:00February 17, 2021|Health Facilities Law Blog|

House Committee Advances Medical Marijuana Bill to Expand Research

By 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 […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 23, 2020|In the News, Marijuana Law Blog|

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

By 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 […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 8, 2020|Marijuana Law Blog|

Florida DOH Issues Emergency Rules for Medical Marijuana Treatment Centers

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Effective December 10, 2019, emergency rules for the regulation of medical marijuana treatment centers (MMTCs) were issued by the Florida Department of Health (DOH). Also issued were notices of proposed rules to provide further regulation for background screening and renewal applications.

Emergency Rules.

In Florida, emergency rules may be adopted if an administrative agency finds there is an immediate danger to the public health, safety, or welfare. Such rules are effective for 90 days while an agency undertakes the formal rulemaking process. Agency rulemaking is subject to challenge under Florida’s Administrative Procedures Act (APA), which allows […]

By The Health Law Firm|2024-03-14T10:00:03-04:00March 6, 2020|Marijuana Law Blog|