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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.

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“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.

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“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.

Florida Governor: Crush Out Pot Smoking Ban

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 17, 2019, new Florida Governor Ron DeSantis said that the Florida State Legislature should end its losing efforts to keep in place a ban on smoking medical pot or he will end the state’s defense of the “no smoking” policy in a pending lawsuit. The current lawsuit was brought because the state Legislature and former administration was taking the position that medical marijuana could not be smoked, despite the amendment to the Florida Constitution that was passed making medical marijuana legal. The constitutional amendment does not say anything at all about what the proper forms of medical marijuana could be, leaving most methods of ingestion open.

The new governor also indicated that he thinks the state should loosen the restrictive licensing requirements for medical marijuana treatment centers, requirements that include vertically integrated businesses and capping the number of retail outlets they can operate. He did not include, however, support for legalization of the drug’s recreational use.

The Fight for Florida’s Medical Marijuana Legislation.

In 2017, Governor Rick Scott signed, and Legislature passed, both the smoking ban and the current overly-restrictive licensing structure.  A circuit court judge ruled in May 2018, that the smoking ban is unconstitutional, but then Scott appealed the decision. Click here to read one of my prior blogs and learn more about the status of marijuana in Florida.

DeSantis indicated that he will direct state attorneys to move for a stay on any decision in the case until mid-March 2019. This will give the Legislature two weeks at the start of its annual session to pass legislation rescinding the ban, he said. If this does not happen, he said he will have the state drop its appeal of the decision, leaving the circuit court judge’s decision in place.

Make sure to check out our Marijuana Law Blog regularly to stay up to date on the changing laws and regulations. Also, visit our YouTube page and watch our Medical Marijuana Video Blog to learn more.

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:

Farrington, Brenden. “Florida Governor Wants Ban on Smokable Medical Pot Ended.” U.S. NEWS. (January 17, 2019). Web.

Hale, Nathan. “Fla. Gov. Wants Legislature To Cut Medical Pot Smoking Ban.” Law360. (January 17, 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: 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.

Colorado Jury Rules in Favor of Marijuana Grow Business in Federal RICO Lawsuit

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

On November 14, 2018, a federal jury in Denver rejected claims involving the odor that was allegedly coming from a pot farm. This was a case that was being closely watched by the marijuana industry. The marijuana business had been sued for damages to neighboring property value under anti-racketeering laws.

Given the recent approval of medical marijuana in Florida, it seems likely that there would be “copy cat lawsuits” filed in Florida, as well. The only difference in Florida would be the long history of pig farm precedents that exist.

A Closely Watched Lawsuit.

This was an important suit for the marijuana industry because it was the first federal suit brought under federal anti-racketeering laws. If the lawsuit had been successful, it could have created a new blueprint for opponents of marijuana legalization to dismantle the industry through civil cases under RICO laws.

The couple who own and live on land adjacent to the grow facility said the facility damaged their property values because of noise and odor. Because it harmed their views, and because no one wants to live near illegal activity, they claimed damages of $1 million.

The grow facility argued during trial that it didn’t cause any odor; its odor-control system doesn’t vent outdoors.

After a short deliberation, the jury ruled in favor of the marijuana grow facility and found it was not responsible for any of the alleged damages. Attorneys that represent similar marijuana facilities said proving property damages in cases like these are very difficult and hope the outcome of this case will deter others from trying the same. Click here to read more on this case.

Click here to read one of my prior blogs.

It is unclear to me why the Plaintiffs in this case prosecuted the case under a RICO theory since such a cause of action is usually very difficult to prove. However, I am not aware of all the facts of the case. It seems to me that a simple suit for nuisance against the marijuana grow farm would have been easier to prove and obtain an injunction on.

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:

Foody, Kathleen. “Colorado Lawsuit Could Ripple Through US Cannabis Industry.” Health News Florida. (October 30, 2018). Web.

Ingold, John. “Jury finds in favor of Colorado marijuana grow in closely watched federal lawsuit.” The Colorado Sun. (November 18, 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, complex health care litigation attorney, federal medical litigation attorney, 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 decriminalization, 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, complex medical business litigation lawyer, professional license dfense 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 © 2018 The Health Law Firm. All rights reserved.

Colorado Jury Rules in Favor of Marijuana Grow Business in Federal RICO Lawsuit

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

On November 14, 2018, a federal jury in Denver rejected claims involving the odor that was allegedly coming from a pot farm. This was a case that was being closely watched by the marijuana industry. The marijuana business had been sued for damages to neighboring property value under anti-racketeering laws.

A Closely Watched Lawsuit.

This was an important suit for the marijuana industry because it was the first federal suit brought under federal anti-racketeering laws. If the lawsuit had been successful, it could have created a new blueprint for opponents of marijuana legalization to dismantle the industry through civil cases under RICO laws.

The couple who own and live on land adjacent to the grow facility said the facility damaged their property values because of noise and odor. Because it harmed their views, and because no one wants to live near illegal activity, they claimed damages of $1 million.

The grow facility argued during trial that it didn’t cause any odor; its odor-control system doesn’t vent outdoors.

After a short deliberation, the jury ruled in favor of the marijuana grow facility and found it was not responsible for any of the alleged damages. Attorneys that represent similar marijuana facilities said proving property damages in cases like these are very difficult and hope the outcome of this case will deter others from trying the same. Click here to read more on this case.

Click here to read one of my prior blogs on this case.

It is unclear to me why the Plaintiffs in this case prosecuted the case under a RICO theory since such a cause of action is usually very difficult to prove. However, I am not aware of all the facts of the case. It seems to me that a simple suit for nuisance against the marijuana grow farm would have been easier to prove and obtain an injunction on.

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:

Foody, Kathleen. “Colorado Lawsuit Could Ripple Through US Cannabis Industry.” Health News Florida. (October 30, 2018). Web.

Ingold, John. “Jury finds in favor of Colorado marijuana grow in closely watched federal lawsuit.” The Colorado Sun. (November 18, 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, complex health care litigation attorney, federal medical litigation attorney, 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 decriminalization, 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, complex medical business litigation lawyer, professional license dfense 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 © 2018 The Health Law Firm. All rights reserved.

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