Florida Harvests It’s First Legal Medical Marijuana Crop

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On July 18, 2016, Florida harvested it’s first legal marijuana crop. The new crop is being stored in multiple vacuum-packed, 441-gram bags in a freezer on the outskirts of Tallahassee. The harvest is the result of months of careful growing, monitoring, coaxing, and finally cultivating, scores of plants in a hidden farm overseen by horticulturalists and protected by armed guards. It is unknown which security company, if any, is providing security or if it approaches the security of Fort Knox.

This is one of two production facilities operated by Surterra Therapeutics, the first of six companies to win state approval to grow and harvest medical marijuana for the seriously ill and dying.

Charlotte’s Web.

In 2014, Florida adopted laws to allow two types of medical marijuana: non-euphoric strains, such as “Charlotte’s Web,” that is thought to help control seizures and ease symptoms of certain other medical conditions; and full-strength marijuana to alleviate pain, nausea and other symptoms for patients considered terminally ill. Since Surterra won approval to harvest last month, Florida has allowed four other companies to do the same: Chestnut Hill Tree Farm in Alachua County, Hackney Nursery in Gadsden County, Modern Health Concepts in Miami-Dade County, and Knox Nursery in Orange County.

These grow farms are poised to expand considerably if the required 60 percent of voters in November cast “Yes” ballots for Amendment 2 to the Florida Constitution, which would legalize full-strength marijuana for an estimated 450,000 Floridians with debilitating illnesses.

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

Vote Yes for Amendment 2.

It is my opinion that the legalization of marijuana, especially for the treatment of sick children, is many decades overdue. Parents should not have to face the Hobson’s choice of breaking the law or obtaining relief for their sick child. For a herbal medication which has proven to have infinitely less adverse consequences than either alcohol or tobacco, this should be a “no brainer.”

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 and visit our website at www.TheHealthLawFirm.com.

Source:

“Florida’s first medical marijuana crop cut up, stored.” Associated Press. (July 18, 2016). Web.

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

KeyWords: Florida medical marijuana use, legal counsel for medical marijuana, marijuana defense attorney, associations between cannabis use and physical health problems, Charlotte’s Webb, medical marijuana use for terminally ill patients, legal representation for medical marijuana, health lawyer, The Health Law Firm

“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 © 2017 The Health Law Firm. All rights reserved.

Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana

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

After looking at the red and blue map of America from the recent presidential election, it may be time to add some green. On November 9, 2016, the movement to legalize marijuana, which has been in the public eye for some time now, took a giant step forward. Voters in California voted to legalize the recreational use of marijuana. Voters in Florida, the third most populous state, overwhelmingly finally said yes to legalize medical marijuana use.

Expanding Legal Access to Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.
In 2014, the amendment got 57.6 percent of voter’s approval, just missing the 60 percent needed to pass.

Legalization Support.

According to national polls that were conducted, a solid majority of Americans support legalization of marijuana. Gallup’s latest survey for 2016 gauged support at 60 percent, up from 14 percent from when the question was first posed in 1969. Gallup says 13 percent of U.S. adults currently report using marijuana, nearly double the percentage who reported using pot in 2013. Click here to read the recent poll on marijuana support.

To learn more on the legalization of marijuana, click here to read one of my prior blogs.

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 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hale, Nathan. “Marijuana Ballots: Calif., Fla. Say Yes To Legal Pot.” Law360. (November 9, 2016). Web.

“Marijuana legalization: California, Nevada, Florida voters say yes but Arizona rejects.” Fox 5. (November 9, 2016). 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 and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana industry, approval of Florida’s Amendment 2, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.

Copyright © 2017 The Health Law Firm. All rights reserved

Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries

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

On November 14, 2016, Orlando’s City Council voted to extend its temporary ban on new marijuana dispensaries, less than a week after Florida voters backed a constitutional amendment to expand medical use of the drug. Back in July 2016, city commissioners voted to approve the temporary pause on marijuana dispensaries. The current ban is set to expire December 2016, but the city is pursuing an extension that would stretch the ban until July 1, 2017.

The Temporary Ban.

According to the city, the temporary ban will be beneficial because it will allow staffers to study the potential impacts of marijuana distributors, including whether they should be kept at arm’s length from neighborhoods, churches and schools. After the Legislature in 2014 legalized the low-THC oil known as Charlotte’s Web, the city of Orlando determined its current rules would categorize dispensaries as drug stores, like Walgreens and CVS. The city of Orlando pursued the July 2016 moratorium after three potential sellers of either medicinal marijuana or Charlotte’s Web had expressed interest in Orlando storefronts where proper zoning would allow them. So far, several South Florida cities have also adopted similar temporary bans on new potential dispensaries. The Orlando City Council will take its final vote on the extension in December 2016.

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

Problematic Approach.

To me this is very problematic. The citizens of Florida have spoken in making medical marijuana legal. However, it seems likely that we will be burdened with government officials acting to try to prohibit retail sellers and dispensaries in an attempt to prevent it nevertheless. For example, what would happen if every county now voted to prohibit dispensaries within their boundaries. This would cut the legs out from under the constitutional amendment passed by the voters.

We may have to go back to the polls again and vote in a constitutional amendment that blocks cities, counties and state agencies from preventing sales within their limits. Either that or elect John Morgan governor!

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 and visit our website at www.TheHealthLawFirm.com.

Sources:

Weiner, Jeff. “Orlando extends temporary ban on marijuana dispensaries.” Orlando Sentinel. (November 14, 2016). Web.

Weiner, Jeff. “City votes for pause on pot dispensaries.” Orlando Sentinel. (July 11, 2016). 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 and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida’s Amendment 2, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.
Copyright © 2017 The Health Law Firm. All rights reserved

Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams

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

On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit card numbers in exchange for a bogus offer of free or reduced-cost medical marijuana.

The DOH reports all incidents of potential fraud and scams to law enforcement, but wants to ensure residents and law makers are aware of what to avoid.

Avoid Medical Marijuana Scams.

Be aware that the perpetrators of the scam may mention the Department of Health’s “Office of Compassionate Use” in their phone call solicitations, to make their communication seem more legitimate. The Florida Department of Health (DOH) has released tips on how patients can protect themselves from scams related to medical marijuana. Click here to read the Press Release from the DOH providing these tips.

The DOH regularly updates The Office of Compassionate Use webpage  with accurate information abut medical marijuana. Patients and legal representatives are encouraged to visit this webpage often for news and updates.

If you receive a phone call that you suspect is a scam, report to the Florida Department of Agriculture and Consumer Services call 1-800-HELP-FLA (1-800-435-7352).

To stay on top of medical marijuana issues and legislation, check our blog for regular updates here.

To learn about the status of medical marijuana in Florida, click here to watch our informational video 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.

Sources:

Cobb, Frasier. “Patients and Physicians Alerted to Medical Marijuana Scam.” Orlando Medical News. (April 20, 2017). Web.

“On the Eve of 4/20, The Florida Department of Health Urges Caution to Avoid Medical Marijuana Scams.” Medical Marijuana Magazine. (April 20, 2017). 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 defense attorney, legal representation for medical marijuana, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, complex health related business transactions, legal opinions on medical issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, DOH defense attorney, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, The Health Law Firm

“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 © 2017 The Health Law Firm. All rights reserved.

Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries

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

On October 24, 2017, Lake County commissioners decided to ban medical marijuana dispensaries, citing the willingness of some neighboring communities to allow medicinal pot shops. The ban applies only to unincorporated areas of the county and not to the surrounding cities.

Access to Medical Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.

Non-Supporters of Medical Marijuana.

Lake County officials cited restrictive state rules that give local governments two zoning options: ban them all together or treat them like a CVS, Walgreen’s or another pharmacy. Government leaders in Apopka, Winter Garden and Winter Park have also banned marijuana dispensaries.

“It doesn’t mean people cannot have medical marijuana delivered right to their homes from a dispensary,” Commissioner Leslie Campione said after the unanimous vote. “It doesn’t mean they can’t get a prescription or can’t use it. We just don’t feel like we should be introducing these storefronts and dispensaries in the rural areas.”

In 2016, Orlando’s City Council also voted to temporarily ban medical marijuana dispensaries. Click here to read more.

Be sure to check our Marijuana Law Blog regularly to stay on top of marijuana policy in Florida and in the United States.

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.

Sources:

Hudak, Stephen. “Lake County becomes latest in Central Florida to ban medical marijuana shops.” Orlando Sentinel. (October 24, 2017). Web.

Medina, Carlos. “Lake County set to ban medical marijuana dispensaries.” Daily Commercial. (October 10, 2017). 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 defense attorney, legal representation for medical marijuana, legal representation for marijuana legislation, marijuana defense attorney, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, reviews of The Health Law Firm, access to medical marijuana in Florida, legal representation for marijuana dispensaries, legal representation for medical marijuana dispensaries, The Health Law Firm

“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 © 2017 The Health Law Firm. All rights reserved.

First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH

Headshot of The Health Law Firm's 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 August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

Maui Grown Therapies.

The Maui dispensary has been pre-registering patients and will begin selling medical cannabis to patients by appointment only, said Freitas Gorman, director of community relations and patient affairs. Walk-in sales will start in about a week.

In 2000, Hawaii was among the first states to legalize medical marijuana. But the state didn’t legalize dispensaries until 2015, so the state’s 18,000 patients had to grow or obtain the drug on their own.

“This is an important day for qualified patients and caregivers on Maui who now have assurance the medical cannabis they purchase at Maui Grown Therapies has been thoroughly tested and is safe for them to use,” said Virginia Pressler, director of the state Department of Health, in a statement. “Implementing a new health program is always challenging, and the dispensary program was no exception.”

To read the press release from the DOH, click here.

To read more on the status of medical marijuana in Florida, click here to read my prior blog.

To learn more about how the attorneys of The Health Law Firm can assist you in legal matters involving medical marijuana, click here.

To stay on top of medical marijuana issues, be sure to check out our Medical Marijuana Law Blog regularly.

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.

Sources:

Bussewitz, Cathy. “FIRST MEDICAL MARIJUANA DISPENSARY OPENING IN HAWAII.” The Associated Press. (August 8, 2017). Web.

Department of Health. “First dispensary receives approval from Department of Health to
begin sales of medical cannabis for Hawai‘i patients.” State of Hawaii, DOH. (August 8, 2017). 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: Medical marijuana legislation, medical marijuana defense attorney, legal representation for medical marijuana, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, complex health related business transactions, legal opinions on medical issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, DOH defense attorney, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, The Health Law Firm, legal representation for applicants of marijuana dispensary license, legal representation for marijuana dispensary medical directors, legal representation for contracts for marijuana related matters, legal representation for physicians and medical director agreements, legal representation for licensure and regulatory matters involving growers, legal representation for dispensaries and medical directors

“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 © 2017 The Health Law Firm. All rights reserved.

 

Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy

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

On January 4, 2018, Attorney General Jeff Sessions rolled back an Obama-era policy of refraining from prosecuting marijuana businesses and individual users in states that have legalized the drug for medicinal or recreational use. The U.S. Department of Justice (DOJ) announced this, calling the move a “return to the rule of law.”

Marijuana Criminalization.

Jeff Sessions announced the decision in a memo sent to all U.S. attorneys that highlighted marijuana’s continued criminalization under federal law. In the memo, he labeled previous DOJ guidance discouraging enforcement as “unnecessary” and “rescinded, effective immediately.”

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal and federal law enforcement partners to carry out this mission,” Sessions said in a statement.

This move creates a cloud of uncertainty for legal marijuana businesses and the legalization effort which most recently had seen the start of legal recreational marijuana sales in California on January 1, 2018. Currently, 29 states and the District of Columbia have legalized marijuana in some form.

However, marijuana remains a Schedule I drug under federal law, making it a criminal offense to deal or even possess it. You can read Jeff Session’s memo in full, here.

To read a recent blog I wrote on the legalization of marijuana, click here.

For updates on recreational and medical marijuana, regularly check our Marijuana Law 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:

Hill, Jon. “Sessions Reverses Obama-Era Marijuana Enforcement Policy.” Law360. (January 8, 2018). Web.

Zapotosky, Zach. “Use of legalized marijuana threatened as Sessions rescinds Obama-era directive that eased federal enforcement.” The Washington Post. (January 5, 2018). Web.

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

KeyWords: Growing marijuana industry, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana criminalization, legal representation for marijuana regulations, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Denver Coffee Shop May Become First Business to Allow Social Marijuana Use

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

On December 12, 2017, the first application to allow social marijuana use in a business has landed in Colorado. This first application seeks to allow vaping and use of edibles southwest of downtown. Denver is the first in the U.S. to allow public consumption at businesses and at permitted events. You won’t have to fly all the way to Amsterdam any longer to partake of the weed.

The Coffee Joint.

The first that have applied to take advantage of this are two Denver entrepreneurs who plan to open a coffee shop called “The Coffee Joint.” The owners have connections to a marijuana dispensary next door. Despite the name, the coffee shop does not plan to allow the smoking of marijuana, only vaping and the consumption of edibles for patrons over the age of 21.

The business also plans to offer vaping equipment for purchase and states that it hopes to offer educational programs about the medicinal benefits of marijuana.

To stay on top of the latest in marijuana laws and policies, check out our Marijuana Law Blog regularly.

To read further on the impact of the marijuana industry in Colorado, click here to read one of my prior blogs.

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:

Murray, Jon. “Pot in coffee shop, but sans smoke.” The Denver Post. (December 12, 2017). Print.

Ackerman, Mark. “Denver Coffee Shop Aims To Be First Business To Allow Social Pot Use.” Denver CBS Local. (December 11, 2017). 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: Growing marijuana industry in Colorado, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“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 © 2017 The Health Law Firm. All rights reserved.

Florida’s First Green Bank Cuts Business Ties with Medical Marijuana Money

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

When Florida’s medical marijuana industry was first starting to grow, business owners faced a big dilemma: Where could they find a bank to take their millions of dollars? The federal government still considers marijuana an illegal substance without medicinal value, so most banks haven’t been willing to take the industry’s money. Because of federal regulations, the businesses also cannot accept credit cards for payment, as well, making it difficult for patient to obtain medical marijuana by mail.

Despite this, First Green Bank, a Central Florida community bank that doesn’t require a federal charter, came to the rescue. By the summer of 2017, it was handling accounts for six of the state’s seven licensed producers of medical marijuana.

But now, First Green announced that it is closing the accounts of its cannabis clients and won’t be handling their money after January, 2018, due to the federal government’s stance.

Green Light Ends for Marijuana Money.

First Green claims to have found a new institution willing to take its place. It says it is confident that Florida’s 40,000 card-carrying medical marijuana patients won’t notice any hiccups. “There will be no interruption or change in operations as far as patients and members are concerned,” Jake Bergmann, CEO of Surterra Holdings, a medicinal marijuana operator and a First Green client, is reported to have stated.

In Florida, only 13 companies are licensed to grow marijuana and only seven can actually sell it. Therefore, the importance of having a financial partner becomes even more pronounced given the amount of money each company is working with.

Read First Green Bank’s press release on why it made this decision to learn more.

Florida is not the only state having difficulty finding banks for the marijuana industry. In Colorado, marijuana distributors also struggle to operate without access to traditional banking systems. You can learn more about this issue by reading my prior blog on Cannabis Credit Unions.

For updates on marijuana laws and regulations, be sure to check 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 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Smiley, David. “The banker to Florida’s medical marijuana players is getting out of the business.” The Miami Herald. (December 22, 2017). Web.

“Florida’s pot banker is closing accounts.” The Denver Post. (December 28, 2017). Print.

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: Growing marijuana industry, marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, legal representation for marijuana criminalization, legal representation for marijuana regulations, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Federal Judge Dismisses Former NFL Player’s Marijuana Decriminalization Suit

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

On February 26, 2018, a New York federal judge dismissed a former NFL star’s suit demanding decriminalization of medical marijuana. U.S. District Judge Alvin K. Hellerstein said the Second Circuit has already determined that Congress had a rational basis to classify marijuana as a Schedule I drug.

Schedule I drugs are those drugs that allegedly have no known currently accepted medicinal use and have a high potential for abuse. Marijuana is right up there with LSD and heroin (15,466 heroin overdose deaths in 2016).

The Fight for Marijuana Decriminalization.

The suit brought by Super Bowl winner and now weed entrepreneur Marvin Washington and others, seeks to challenge aspects of the Controlled Substances Act (CSA) through the court when remedies are available through federal agencies, like the U.S. Drug Enforcement Agency (DEA). Along with Washington, the action was brought on behalf of two young children, an American military veteran and the Cannabis Cultural Association organization, all of whom have suffered harm and are continuously threatened, by reason of the provisions of the CSA.

Washington, a former Jets football player, is hoping to force the hand of Congress and the White House by arguing that current federal policy is unconstitutional given marijuana’s health benefits. The complaint filed in September of 2017, argued the 1970 federal law classifying marijuana as a dangerous drug violates patients’ rights.
Click here to read the complaint in full.

At a hearing in early February 2018, Judge Hellerstein did acknowledge that marijuana’s health benefits are beyond question, but also warned Washington and the advocates that the district court was not an appropriate forum for the suit.

In his new ruling, he dismissed the suit because the Second Circuit found, in its 1973 United States v. Kiffer decision, that the Controlled Substances Act is constitutional.

Additional Ammo.

Judge Hellerstein said it’s clear that Congress had a rational basis for classifying marijuana in Schedule I, and executive officials in different administrations have consistently retained its placement there. In an example, he said the DEA’s most recent denial of a petition to reclassify marijuana listed a number of public health and safety justifications for keeping marijuana in Schedule I.

To read the judge’s order in full, click here.

To learn more about the status of marijuana, click here to read one of my prior blogs and be sure to check our Marijuana Law Blog regularly for updates.

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.

The Hypocrisy of Marijuana Prohibition Must End.

One must ask when people who are supposed to be rationale are going to demand an end to this marijuana abuse hypocrisy. One day our children we will look back on this century of prohibition and scratch our heads and ask “Why?” just as we currently do for the alcohol prohibition of the 1920′ and 1930s. All it would take is an administrative agency decision to move marijuana form a Schedule 1 to a different schedule and all the current criminal law problems would go away.

Does marijuana have an accepted medical use? There are many cancer victims who think so. There are many doctors who are writing orders for medical marijuana in states where it is legal who think so. It is known to be a relaxant, to depress pain, to encourage sleep and to stimulate appetite (or so I am told).

As far as it having a high potential for abuse, is it as high as cigarettes? As high as sodas containing caffeine and sugar? As high as chewing gum?

And how many deaths each year are attributable to marijuana overdoses? In 2015 there were zero. Probably more people choked on chewing gum overdoses. Compare this to legal, prescription opiods and other similar drugs–over 19,000 deaths in 2015. Legal alcohol, available without a prescription–over 30,000 in 2015. [I apologize because I do not have more rent statistics.] And yet marijuana is somehow seen as a villain? If anything, cigarettes and tobacco products should be placed on Schedule 1. Again, one day our children will look back and, as many countries have done already, say “what a crock of s**t that was.”

Sources:

Simpson, Dave. “Ex-Jets Player Loses Pot Decriminalization Suit.” Law360. (February 27, 2018). Web.

Brush, Pete. “Ex-NFLer’s Pot Decriminalization Suit Hits Possible Snag.” Law360. (February 27, 2018). Web.

Bellware, Kim. “Here’s How Many People Fatally Overdosed On Marijuana Last Year.” (12/28/15)
www.huffingtonpost.com/entry/marijuana-deaths-2014_us_56816417e4b06fa68880a217

Welch, Ashley. “Drug Overdoses Killed More Americans Last Year than the Viet Nam War.” (Oct. 17, 2017)
www.cbsnews.com/news/opioids-drug-overdose-killed-more-americans-last-year-than-the-vietnam-war/

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: Marijuana defense attorney, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, marijuana law attorney, Controlled Substances Act (CSA) , U.S. Drug Enforcement Agency (DEA) investigation representation, legal representation for DEA matters, DEA investigation defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

 

Go to Top