legal representation for marijuana regulations

Home/Tag: legal representation for marijuana regulations

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.

KeyWords: medical marijuana representation, medical marijuana regulation attorney, medical marijuana lawyer, health care business application attorney, Florida marijuana law attorney, representation for marijuana growers, representation for medical marijuana distributors, 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, representation for medical marijuana legalization, legal representation for marijuana regulations, representation of clinical investigators, representation of medical researchers in clinical investigation fraud, clinical research fraud defense lawyer, clinical investigator defense lawyer, medical researcher defense attorney, representation for clinical research fraud, clinical research fraud investigation lawyer, 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 © 2020 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.

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, 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, representation for medical marijuana legalization, representation for recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, legal representation for marijuana decriminalization, 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 © 2020 The Health Law Firm. All rights reserved.

 

 

 

Florida DOH Issues Emergency Rules for Medical Marijuana Treatment Centers

George IndestBy 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 those who have a substantial interest in the prosed rules to challenge them. This means implementation could be delayed.

Rule 64ER19-7, Florida Administrative Code–Background Screenings for MMTCs.

The new Florida administrative rule, Rule 64ER19-7 of the Florida Administrative Code (FAC) requires MMTCs to ensure that all employees, owners, and managers of an MMTC pass a background screening check before being allowed to serve in such a role at the MMTC. The rule also includes extensive background and record-keeping requirements for MMTCs.

Under the rule, MMTCs have an ongoing obligation to report certain arrests of any employee, owner, or manager to DOH within 48 hours of becoming aware of the arrest. MMTCs failing to meet these requirements will be subject to discipline. Click here to view the rule in full.

Rule 64ER19-8–Renewal Applications for MMTCs.

The second rule, 64ER19-8, FAC, concerns renewal applications for MMTCs. Each MMTC is required to submit a renewal application, along with a renewal fee. Those initially licensed between July 31, 2017, and October 31, 2017, must submit a renewal application. The renewal application must be received no later than February 28, 2020. After submission of these applications, the renewals are then biennial.

All other MMTCs shall submit a renewal application biennially, which must be received by the DOH at least 30 days, but not more than 60 days before the license expires. Renewal applications that are not received by the DOH on or before the deadline will not be considered. It is crucial that all MMTCs be aware of these deadlines, calendar these deadlines and be sure there is an action taken on such renewals. Click here to view the rule in full.

For more information and to view the complete list of proposed rules and rule development, visit the Florida DOH website here.

To stay on top of medical marijuana legislation in Florida, read my prior blog here and be sure to visit 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 help to complete and submit the applications for renewals, registration, permitting and/or licensing, complying with Florida law. We also represent health facilities, health clinics, and pharmacies 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:

Stanfield, Timothy. “Florida’s Department of Health/Office of Medical Marijuana Use Issues Emergency Rules and Notices of Rulemaking.” National Law Review. (January 8, 2020). Web.

Newlon, Amanda. “Client Alert: Florida Issues Emergency Rules and Notice of Rulemaking for MMTCs.” JD Supra. (January 22, 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: Florida medical marijuana center regulations and legislation, Florida medical marijuana treatment center representation, medical marijuana regulation attorney, medical marijuana lawyer, legal representation for medical marijuana issues, health care business application attorney, health law defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, health facility legal representation, health facility defense attorney, health facility defense lawyer, legal representation for marijuana regulations, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, administrative hearing defense legal representation, administrative hearing defense attorney, administrative hearing defense lawyer, legal counsel for marijuana law, Florida medical administrative regulation attorney, formal administrative hearing defense 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 © 2020 The Health Law Firm. All rights reserved.

Judge Says New Mexico School Didn’t Discriminate by Prohibiting Medical Marijuana Treatment on Campus

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 9, 2019, a judge dismissed the claims of parents who said a New Mexico public school discriminated against their epileptic daughter by prohibiting her from using medical marijuana on school grounds. The judge granted a motion to dismiss, stating that the parents did not adequately prove their claims.

The Argument of Administering Medical Marijuana on School Grounds.

According to the order, the girl suffers from life-threatening seizures as a result of Dravet syndrome, a rare and catastrophic form of epilepsy. The parents claim that giving her marijuana daily and at the onset of seizures has significantly reduced their frequency and length.

Additionally, the Department of Health designated the girl as a patient qualified for receiving medical marijuana from her mother under a state law known as the Lynn and Erin Compassionate Use Act.

However, they still ran into trouble because that law also prohibits the possession or use of cannabis on school grounds. (more…)

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.

Court Says Walmart’s Firing Violated Arizona’s Medical Marijuana Law

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

On March 22, 2019, the U.S. District Court in Arizona granted summary judgment on anti-discrimination claims in favor of the plaintiff former employee and against Walmart under Arizona’s medical marijuana statute. The plaintiff, a former employee of Walmart, had been terminated after allegedly testing positive for marijuana.

This case is significant because as more states are adopting medical marijuana laws, this represents the growing risks to employers who engage in adverse employment actions against medical marijuana users. Furthermore, since the decision was in federal court, it is even more significant. In this case, Arizona employers gained some much needed guidance for navigating Arizona’s Medical Marijuana Act (AMMA).

The court held that individuals with medical marijuana cards can sue their employers under the AMMA if action is taken against them merely because there is a positive drug test for the presence of marijuana. Also, employers cannot avoid liability by merely showing the employee tested positive because he or she had marijuana metabolites in their system.

The Case: Whitmire v. Wal-Mart, Inc.

In Whitmire v. Wal-Mart Inc., a former employee and qualified patient under the AMMA, injured her wrist while at work. Two days later, she notified human resources of pain and swelling in her injured wrist. At that time, her supervisor instructed her to seek medical treatment. Because she had used marijuana roughly twelve hours before her shift to help her sleep, the drug test was positive for marijuana.

As a result of that drug test alone, Wal-Mart terminated her employment. She then filed a lawsuit against Wal-Mart, alleging that it had violated the AMMA by discriminating against her for her use of medical marijuana. The plaintiff argued that Walmart’s admitted policy of firing regardless of whether the employee possesses a medical marijuana card and regardless of the level detected constituted a complete disregard for the AMMA’s anti-discrimination provisions.

Violating Arizona’s Medical Marijuana Act (AMMA).

The court agreed with the plaintiff and ruled that, without having produced any evidence that the plaintiff “used, possessed or was impaired by marijuana,” Walmart had discriminated against her in violation of the AMMA. Furthermore, by suspending and then terminating her solely based on her positive drug screen and in the absence of expert testimony, the court granted summary judgment in favor of the plaintiff on her AMMA discrimination claim.

It should be remembered, however, that in this case, Arizona has a provision in its medical marijuana law that prohibits discrimination against legitimate users. Every state may not have this. If your state does not have a similar provision in your state’s medical marijuana law, you should lobby for an amendment to include one.

To read the court’s order in this case, click here.

To read about a similar case of employment discrimination dealing with marijuana use, read one of my recent blogs here.

To read about marijuana workplace discrimination in other states such as Colorado, where recreational use is legal, click here to read one of our prior blogs on our Colorado Law Blog.

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:

Peabody, Daniel. “A New Ruling on the Arizona Medical Marijuana Act: Did Your Drug Testing Policy Just Go Up in Smoke?” JD Supra. (February 21, 2019). Web.

Mooreman, William; Samolis, Alicia. “Employer Liability For Medical Marijuana Bias Is Growing.” Law360. (March 22, 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: medical marijuana defense attorney , medical cannabis defense lawyer, marijuana license lawyer, legal representation for medical marijuana law, medical marijuana law representation, medical marijuana defense lawyer, legal defense of nurses, health employment law defense attorney, nurse defense lawyer, legal representation for nurses in employer drug testing, nurse drug test defnse lawyer, nurse drug test, defense attorney, nurse license defense attorney, medical marijuana license defense lawyer, nurse employment defense attorney, legal representation for workplace marijuana regulations, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, complex health care litigation attorney, legal counsel for marijuana growers and distributors, nurse license complaint defense attorney, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana decriminalization, legal representation for marijuana regulations, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm, complex medical business litigation lawyer, professional license defense attorney, medical marijuana license defense lawyer

“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.

Load More Posts
Go to Top