marijuana | The Health Law Firm Blog

Poll Shows Majority Supports the Legalization of Marijuana

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

For the first time in four decades, a majority of Americans support the legalization of marijuana, according to a national survey conducted by Pew Research. The results from the survey, released on April 4, 2013, show fifty-two percent (52%) of adult Americans back making marijuana legal.

To read all of the poll results from Pew Research, click here.

The Pew Research polled 1,501 American adults from March 13 to 17, 2013, for this survey.

Demographics on Adults Who Support Legal Marijuana.

According to the survey results, forty-eight percent (48%) of poll respondents said they have used marijuana […]

By The Health Law Firm|2024-03-14T10:00:47-04:00June 1, 2018|In the Know, In the News, The Health Law Firm Blog|

Workers Can Be Fired For Using Marijuana Off-Duty

By Carole C. Schriefer, R.N., J.D., The Health Law Firm

Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an employee for the use of medical marijuana – even if it’s off-duty.

Coats v. Dish Network.

Brandon Coats became a quadriplegic after a car accident and has relied on medical marijuana to help with muscle spasms. Dish Network fired Coats after a failed drug test in 2010. “As a national employer, Dish remains committed to a drug-free workplace and […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|marijuana law, Marijuana Law Blog, Medical Marijuana|

CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law

The guest author of this article is Mark Rieber, Senior Attorney, National Legal Research Group.

In Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), the court held as a matter of first impression that with the Commonwealth’s new medical marijuana law (“the Act”) in effect, if the police seek a warrant to search a property where they suspect an individual is cultivating or possesses marijuana, then they must first offer information sufficient to provide probable cause to believe that the individual is not properly registered under the Act to possess or cultivate the suspected substance. The court rejected the Commonwealth’s argument that any cultivation of marijuana remained illegal even under the Act. That argument further asserted that to […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Health Law, Medical Marijuana, Search and Seizure|

Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

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

Barnhart v. Dep’t of Health, Div. Admin. Hearings, Case No. 15-1271RP (Final Order April 10, 2015).

Following is a summary of a recent Division of Administrative Hearings case summary, taken from The Florida Bar Administrative Law Section Newsletter, Vol. 36, No. 4 (June 2015).

FACTS: On February 6, 2015, the Department of Health (“DOH”) published a notice of proposed rule-making setting forth the text of six proposed rules to implement the Compassionate Medical Cannabis Act of 2014 (“the Act”). The Act provides in part that certain physicians treating patients suffering from cancer or a condition that chronically produces […]

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|Marijuana Law Blog, Medical Marijuana|

New Medical-Marijuana Amendment to be Reviewed for Inclusion on Ballot

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

A new medical-marijuana amendment will be reviewed by the Department of State. The second push in Florida has more than 100,000 signatures in favor to date. The petitions were given to the state on Wednesday by an organization called United for Care.

This Year’s Version Addresses Loopholes.

Critics have said legal marijuana would result in dispensaries on street corners, minors obtaining joints and giving drug dealers a legal supply. This year’s version of the amendment will address all of these issues. It will allow […]

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|marijuana law, Marijuana Law Blog, Medical Marijuana|

Group Pushing For New Marijuana Legalization Amendment in Florida

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

There is a new effort to legalize the use of marijuana in Florida and not just for medical purposes. Petitions will soon hit the streets for a proposed constitutional amendment that would completely legalize use, possession and cultivation of marijuana by Florida adults.

Getting the Measure on the November 2016 Ballot.

The Florida Cannabis Action Network, along with a committee called Floridians For Freedom, stated that it had received state approval to begin seeking signatures which would get their measure on the November […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|marijuana law, Marijuana Law Blog, Medical Marijuana|

The Fight for Medical Marijuana Lights Up in Florida and Across the U.S.

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

The fight to legalize medical marijuana seems to be spreading across the country. In Florida, a medical marijuana group said it cleared the first major hurdle to get a proposed constitutional amendment for medical marijuana on the 2014 ballot. In Illinois, the governor recently signed a law allowing marijuana to be used for medical purposes. Similarly, New Jersey’s governor also recently relaxed the state’s medical marijuana law for sick children.

Currently, twenty states plus the District of Columbia have effective laws that decriminalize medical marijuana.

Supreme Court to Review Florida’s Medical Marijuana Proposal.

According to the Miami […]

By The Health Law Firm|2024-03-14T10:01:40-04:00May 15, 2018|Pharmacy Law|

“Eight Big Things to Watch” for Marijuana Policy in 2015-From Brookings Institution

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

Marijuana policy has increasing developed through the years. Today, twenty-three states have legalized medical marijuana and four states have approved recreational marijuana, including DC. Below is a summary of The Brookings Institution article “Marijuana Policy in 2015: Eight Big Things to Watch.” During 2015, the country and foreign nations will see big changes involving marijuana policies.

1. New States are Planning and Preparing for Legal Marijuana

In November 2014, recreational marijuana was legalized in Oregon and Alaska. During 2015, state legislatures in their respective state and alcohol regulatory bodies will work side by side to […]

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Marijuana Law Blog, Medical Marijuana|