Colorado Federal Lawsuit Could Have Far Reaching Effects on US Marijuana Industry

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

On October 30, 2018, a federal trial in Colorado could have far-reaching effects on the United States’ marijuana industry if a jury sides with a couple who say having a cannabis business as a neighbor hurts their property’s value. The Denver trial is the first time a jury will consider a lawsuit using federal anti-racketeering law to target cannabis companies.

The Suit.

The couple bought the Colorado land for its views of Pikes Peak and built a house on the rural property. But, they claim “pungent, foul odors” from a neighboring indoor marijuana grow operation have hurt the property’s value and their ability to use and enjoy it.

Vulnerability to similar lawsuits is among the many risks facing marijuana businesses licensed by states but still violating federal law. Suits […]

By |2024-03-14T10:00:20-04:00November 28, 2018|Categories: Marijuana Law Blog|Tags: , , , , , , , , , , , , , , , , , , , |Comments Off on Colorado Federal Lawsuit Could Have Far Reaching Effects on US Marijuana Industry
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Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks

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

The resignation of Florida’s medical marijuana chief on August 17, 2018, and a series of recent court losses, has once again threatened the state’s efforts for controlled legalization of marijuana.

On August 2, 2018, a Tallahassee judge struck down the licensing structure that the state Legislature and Department of Health (DOH) enacted for medical marijuana providers. In his order, Circuit Judge Charles Dodson said the state’s imposition of a cap on the number of medical marijuana treatment centers and its requirement for vertical integration from growing to dispensing “directly contradicts” a 2016 amendment to the Florida Constitution.

“Implementing” the Law or Impeding the Law?

In 2014, the Florida Legislature took the first step toward a sane approach to marijuana by legalizing a non-euphoric strain, known as Charlotte’s Web.

In November […]

By |2024-03-14T10:00:22-04:00September 17, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks
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Florida Appeals Court Rules Smoking Medical Marijuana Not Allowed During the Legal Process

Attorney 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 July 3, 2018, the First District Court of Appeal reinstated an automatic stay on the lower court’s decision that an existing medical marijuana smoking ban is unconstitutional. The lower court ruled that smoking marijuana is an acceptable medical treatment. However, marijuana opponents obtained a stay on allowing it while they appeal. The appeals court disagreed with Circuit Judge Karen Gievers’ previous decision to lift the stay.

The appeals court found that the plaintiffs failed to demonstrate that they will suffer irreparable harm if the automatic stay is reinstated. In May 2018, Judge Gievers ruled that Section 29 in the Florida Constitution allows qualifying patients to access, possess and use marijuana for medical treatment […]

By |2024-03-14T10:00:24-04:00July 12, 2018|Categories: Marijuana Law Blog, Uncategorized|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Florida Appeals Court Rules Smoking Medical Marijuana Not Allowed During the Legal Process
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Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court

Attorney 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 April 20, 2018, a Pennsylvania court agreed that a company that lost out on a potentially profitable cannabis dispensary permit needed to exhaust administrative remedies before it could file suit. The suit would challenge the constitutionality of the application process for the state’s new medical marijuana program.

A court panel rejected arguments from Keystone ReLeaf LLC (Keystone), which has asked that all medical marijuana permits issued by the state’s Department of Health (DOH) be revoked. Keystone claims that the administrative appeals process did not offer an adequate remedy for the denial of its application.

Keystone’s lawsuit accused the DOH, along with its new Office of Medical Marijuana, of engaging in an inequitable and unconstitutional permitting […]

By |2024-03-14T10:00:24-04:00July 5, 2018|Categories: marijuana law, Marijuana Law Blog|Tags: , , , , , , , , , , , , , , , , , , , |1 Comment
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Cities All Over Florida Prepare for Medical Marijuana, Even Altamonte Springs!

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

Medical marijuana stores are one-step closer to being able to operate in Altamonte Springs as officials give initial green light to proposed ordinances. The city commission voted unanimously Tuesday evening in favor of the new city ordinances that would require medical marijuana businesses to secure licenses from the city. To learn more about medical marijuana legislation in Florida, click here.

Click here to read a copy of the city commission’s agenda from Tuesday.

Establishing Ground Rules.

Altamonte Springs city officials are looking to establish certain guidelines for future medical marijuana related businesses that open within city limits. Under these proposed ordinances, businesses would be required to secure a medical marijuana permit from the city on an annual basis. The […]

By |2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , |Comments Off on Cities All Over Florida Prepare for Medical Marijuana, Even Altamonte Springs!
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Could Marijuana Be a Successful Treatment For Opioid Addiction? Lawmakers Are Considering This Alternative Treatment

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

Recently, a growing number of patients and doctors have claimed that medical marijuana may help treat addiction to painkillers and heroin. These claims have intrigued lawmakers and advocates who are pushing for marijuana as a treatment for the abuse of opioids and narcotics like heroin, as well as an alternative to painkillers.

One Problem: Very Little Supporting Research.

As there has been a growing problem with addiction to painkillers and heroin, this seems like a promising treatment. There is one problem however.  There is very little research showing that marijuana works effectively as a treatment for the addiction.

According to advocates, a growing amount of scientific literature supports the idea and a study in […]

By |2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , |Comments Off on Could Marijuana Be a Successful Treatment For Opioid Addiction? Lawmakers Are Considering This Alternative Treatment
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Study Finds States That Allow Medical Marijuana May Have Less Opioid Use

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 September 15, 2016, a new study was released from Columbia University Mailman School of Public Health, that suggests people in states that allow medical marijuana may be using fewer opioid painkillers. Researchers analyzed crash data in 18 states from 1999 to 2013 and revealed that states that allow medical marijuana use saw a reduction in opioid involvement in fatal car accidents.

The Relationship Between Medical Marijuana Laws and Opioid Use.

The study, published in the American Journal of Public Health, is the first look at how the relationship of medical marijuana laws might affect the use of opioid painkillers. “After the implementation of a medical marijuana law, there appears to be less opioid use, at least among […]

By |2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Study Finds States That Allow Medical Marijuana May Have Less Opioid Use
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New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On October 27, 2016, the Marijuana Policy Project issued a report for 2015 stating that the state-legal medical marijuana industry had a $2.4 billion economic impact on the Colorado economy.  The cannabis industry, the fastest-growing business sector in Colorado, is credited with funding 18,005 direct and ancillary full-time jobs in 2015, according to the report. The Marijuana Policy Group (MPG) who issued the report, is a Denver-based economic and market research firm that consults with businesses and governments on marijuana policy.

What Does This Mean For the State of Colorado?

The size of the marijuana industry is quite substantial now and the world is taking notice. As a result, new jobs are being created and operating businesses are generating substantial revenue. However, in the coming years, […]

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , |Comments Off on New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy
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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 […]

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , , , |1 Comment
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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 […]

By |2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law|Tags: , , , , , , , , , , , , , , , , , , |2 Comments
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
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