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Could Marijuana Be a Successful Treatment For Opioid Addiction? Lawmakers Are Considering This Alternative Treatment

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 the Journal of Pain published in 2016, found that chronic pain sufferers significantly reduced their opioid use when taking medical marijuana.

The supporting research also falls short of concluding marijuana actually helps wean people off painkillers and illegal narcotics like heroin. Many health care professionals say it’s not enough for them to confidently prescribe marijuana as a treatment for addiction.

Is Marijuana a Safe Alternative?

Even though some patients and doctors have claimed the treatment is successful, not everyone is convinced. Cannabis could have limited benefits as a treatment alternative, said Harvard Medical School’s Dr. Kevin Hill, authored the Journal of American Medical Association (JAMA) study that found benefits in using medical marijuana to treat chronic pain. But he also urged caution.

“If you are thinking about using cannabis as opposed to using opioids for chronic pain, then I do think the evidence does support it,” he said. “However, I think one place where sometimes cannabis advocates go too far is when they talk about using cannabis to treat opioid addiction.”

Additionally, some substance abuse experts argue that there are already approved medications to treat addiction. They also claim that it would be wrong to portray marijuana as completely safe because it can also be addictive.

To read one of my prior blogs on medical marijuana and the list of recommended uses, click here.

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:

Casey, Michael. “Could Marijuana Help Treat Painkiller and Heroin Addiction?” Associated Press. (April 26,2016). Web.

“Could Marijuana Help Treat Painkiller and Heroin Addiction?” CBS News. (April 26, 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: Marijuana treatment for opioid addiction, alternative addiction treatment, alternative for painkillers, Florida medical marijuana, medical marijuana legislation, medical marijuana laws, medical cannabis, Journal of the American Medical Association (JAMA), Journal of Pain, medical marijuana stores, medical marijuana license, medical marijuana legalization, medical marijuana lawyer, defense attorney, 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.

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 seizures or severe muscle spasms may order low-THC cannabis for those patients’ treatment.

The Petitioner filed a Petition asserting that one of the proposed rules (64-4.002) is an invalid exercise of delegated legislative authority. In support thereof, the Petitioner alleged that she is a four-year-old Florida resident diagnosed with an inoperable brain tumor, and she treats her condition with medical cannabis extracts. The Petitioner further alleged that she plans to register with the Office of Compassionate Use Registry to become a “qualified patient” for the medical use of low THC cannabis.

The Petition also contained allegations regarding the harm that would result without an adopted rule. For instance, the Petition alleged there is a “desperate need for access to low THC cannabis” and that expedited rule promulgation was necessary because the “selected applicants will be responsible for ensuring access to ordered medication, with greater risk of public injury if there is no access to medicine.” The Petition also asserted that potential applicants eligible to become dispensing organizations would be harmed by the proposed rule’s “overly burdensome” application, scoring, and selection process.

OUTCOME: After affording Petitioner leave to file an amended Petition, the ALJ dismissed the Petition due to a lack of standing when Petitioner chose not to file an amended Petition.

The ALJ concluded the Petitioner’s allegations failed to demonstrate that she could become a “qualified patient” and thus potentially eligible for a physician’s order to receive low-THC cannabis.

The ALJ noted that while the Petitioner alleges that she has an inoperable brain tumor, she does not allege that her “condition falls within the narrow parameters of the Act, that is, that Petitioner has cancer or that Petitioner’s medical condition chronically causes seizures or muscle spasms.” Moreover, even if Petitioner had sufficiently alleged that she could be a “qualified patient,” the allegations were insufficient to show that Petitioner would suffer a real or sufficiently immediate injury in fact resulting from application of the proposed rule.

However, the ALJ rejected DOH’s argument that a “qualified patient” could never have standing to challenge proposed rule 64-4.002. While noting that the proposed rule only addresses the application requirements, scoring, and selection process for dispensing organizations, the ALJ concluded that qualified patient status, “when adequately alleged, might, hypothetically, be sufficient as part of the predicate for standing to challenge rules implementing the Act.”

Editor’s Notes on Case Summary:

This case demonstrates a common situation for many Florida residents who suffer from conditions like cancer: denial of medical marijuana. The Compassionate Medical Cannabis Act of 2014 states that in order to qualify for the cannabis, the patient must produce symptoms of seizure and persistent muscle spasms. If the patient is younger than 18 years of age, a second physician must concur the initial physician’s determination. In this case, 4-year-old Dahlia Barnhart, who suffers from a brain tumor, failed to demonstrate that her condition produces seizures and spasms, and therefore was denied low-THC. In court documents, you must allege that you are eligible for the physician’s order.

Comments?

Do you think that 4-year-old Dahlia Barnhart qualifies for medical marijuana? Do you have a chronic condition that was denied medical marijuana? Please leave any thoughtful comments below.

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.

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: license, defense attorney, health law, health care attorney, health care lawyer, health investigation, medical license, Department of Health, DOH, health attorney, medical marijuana lawyer, medical cannabis, cannabis, marijuana, Compassionate Medical Cannabis Act, THC, medical THC, health conditions, cancer, cancer patients, brain tumor, petitions, Florida, Office of Compassionate Use, ALJ, administrative law judge, physicians, Florida marijuana, administrative hearing, petition for rule challenge

“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.

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: Administrative Hearing, administrative law judge, ALJ, brain tumor, cancer, cancer patients, cannabis, Compassionate Medical Cannabis Act, defense attorney, department of health, doh, florida, Florida marijuana, Florida medical marijuana, health attorney, health care attorney, health care lawyer, health conditions, health investigation, health law, license, marijuana, marijuana defense attorney, marijuana law, medical cannabis, medical license, medical marijuana law, medical marijuana lawyer, medical marijuana license, medical THC, Office of Compassionate Use, petition for rule challenge, petitions, physicians, recreational cannabis, recreational marijuana, THC|Comments Off

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 2016 ballot. This measure is distinct from a previous amendment led by Orlando Lawyer John Morgan, who wanted to legalize marijuana for medical purposes only.

Floridians For Freedom will have to gather about 67,000 valid signatures to get the effort to the next phase which is Florida Supreme Court review. Then the group will have to gather an additional 600,000 valid signatures to get it qualified for the ballot next fall. To visit their website, click here.

“Ending Prohibition” of Marijuana Under State Law.

According to Jodi James, chair of Floridians For Freedom and executive director of the Florida Cannabis Action Network, all the commercial aspects of marijuana would be controlled by rules and regulations set by the Florida Legislature and Department of Commerce. “We want it to be legal. We want it to be regulated. We want it controlled. We want people to have safe access,” James said.

The Florida Cannabis Action Network currently has 20,000 members that it will call on to help collect valid signatures. To read one of our previous blogs on marijuana policy, click here.

Comments?

What are your thoughts on making marijuana completely legalized? Please leave any thoughtful comments below.

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.

Source:

Powers, Scott. “Group to push amendment that would completely legalize marijuana.” Orlando Sentinel. (September 2, 2015). 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: Legalize marijuana, Florida medical marijuana, medical cannabis, medical marijuana, medical marijuana lawyer, medical marijuana license, defense attorney, defense lawyer, health lawyer, marijuana, recreational cannabis, recreational marijuana, marijuana cultivation, Floridians For Freedom, Florida, Cannabis Action Network, commercial use of marijuana, Florida Legislature, Department of Commerce, 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.

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: Cannabis Action Network, commercial use of marijuana, defense attorney, defense lawyer, Department of Commerce, florida, Florida legislature, Florida medical marijuana, Floridians For Freedom, health lawyer, Legalize marijuana, marijuana, marijuana cultivation, medical cannabis, medical marijuana lawyer, medical marijuana license, recreational cannabis, recreational marijuana, the health law firm|Comments Off

Florida Gets a Green Light on First Five Growers as Medical Marijuana Program Expands: Five Pot Growers Hit Jackpot

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

The Florida Department of Health (DOH) awarded the state’s first licenses to five nurseries, allowing them to legally grow and cultivate marijuana for medical purposes. The nurseries selected are Costa Nursery Farms in Miami, Alpha Foliage of Homestead, Knox Nursery of Winter Garden, Hackney Nursery Company in Tallahassee and Chestnut Hill Tree Farm of Alachua.

Compassionate Use in Florida.

With these licenses, the five nurseries are permitted to grow Charlotte’s Web, a liquid form of cannabis low in THC, the chemical that gives a euphoric feeling. It is intended to treat patients with epilepsy and advanced stages of cancer. For patients to qualify for the treatment, they must obtain permission from a qualified doctor and be added to the Compassionate Use Registry. Compassionate use is the experimental use of a medical product that has not been approved by the Food and Drug Administration (FDA). To read more about compassionate use and the registry from The DOH, click here.

Applicant Rules and Guidelines.

The five nurseries were selected out of a pool of 28 applicants with businesses in Florida for at least 30 years that grow a minimum of 400,000 plants. Each of the growers now have 10 business days to post a $5 million performance bond to prove they are serious about the license. Several nurseries that were selected have partnered with consultants, investors, security firms and out of state marijuana growers to help develop plans and secure the performance bond.

Expanding the Medical Marijuana Program.

Medical Marijuana is well on its way to Florida and these first five growers are just the beginning. A Florida House Panel recently approved House Bill 307, to expand the small medical marijuana program. Under this Bill, terminally ill patients can purchase marijuana from a licensed grower with approval from two doctors. Not only did the House Justice Subcommittee approve House Bill 307 by a 9-4 vote, they tacked on new language to increase the number of growers to 20. The bill passed its first hurdle and moves next to the House Health Care Appropriations Subcommittee. To find out more details on House Bill 307, click here.

To read further on Medical Marijuana legislation in Florida, read one of our past blogs here.

Serious Questions Regarding Monopolistic Actions.

I have some very serious questions as to whether or not the state is unfairly limiting the number of medical marijuana growers. Surely there is a need for more than five of them. This has got to be perceived as capricious and arbitrary by any court reviewing it.

If the proposed Florida constitutional amendment passes during the next election, as many predict it will, then such an artificial limitation on the number of growers may well be determined to violate the intent of the amendment. With all of the scrutiny being focused on state medical agencies by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) for anti-competitive practices, the artificially low number of permitted growers is found to invite future litigation from pateints and from competing growers who were shut out of the market.

Comments?

What are your thoughts on the availability of medical marijuana in Florida? Do you agree with the expansion of the medical marijuana program? Please leave any thoughtful comments below.

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.

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.

Sources:

Auslen, Michael. “Florida medical marijuana plan expanded to 20 growers.” Bradenton Herald. 17 Nov. 2015. Web.

Klas, Mary Ellen. “Florida approves 5 nurseriers to grow medical marijuana.” Miami Herald. 24 Nov. 2015. Web.

Powers, Scott. “5 growers get state’s 1st pot license.” Orlando Sentinel. 24 Nov. 2015. Print.

KeyWords: Florida medical marijuana, medical marijuana growers, medical marijuana cultivation, medical marijuana license, Charlotte’s Web, House Bill 307, medical marijuana lawyer, marijuana attorney, low-THC cannabis, medical cannabis, Department of Health (DOH), Compassionate Medical Cannabis Act, medical marijuana regulations, medical license defense attorney, The Health Law Firm, health law attorney, cannabis for treatment of debilitating medical condition

“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.

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: cannabis for treatment of debilitating medical condition, Charlotte's Web, Compassionate Medical Cannabis Act, Department of Health (DOH), Florida medical marijuana, health law attorney, House Bill 307, low-THC cannabis, marijuana attorney, medical cannabis, medical license defense attorney, medical marijuana cultivation, medical marijuana growers, medical marijuana lawyer, medical marijuana license, medical marijuana regulations, the health law firm|Comments Off

“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 design regulations governing legal marijuana. It is important to watch what these states decide because it may determine whether the states marijuana policy will succeed or fail.

Oregon is making history by becoming the first state to border another who has already legalized marijuana. The border between Oregon and Washington will bring insight into what extent states will go for marijuana market advantages regarding bordering states.

2. Which States will be the next to Legalize Marijuana?

This year will show which states are taking steps to initiate ballots in 2016 to legalize marijuana. California and Florida are two of the states expected to advance an initiative, and other states are likely to follow their lead. Ballot initiatives are expensive, thus, to determine who is pushing follow the money.

3. State Legislatures and Marijuana

During the legalization of recreational or medical marijuana the difficult part of the process is getting it past the state legislature. Throughout 2015 it is important to determine which state legislatures have proposals involving marijuana policy and to keep track of their progress during legislative sessions. Some states, like Tennessee, may propose relaxing bans on hemp production, while others may seek to reaffirm legal bans on marijuana.

4. Marijuana in the Courts

During 2015, numerous high-profile lawsuits centered around marijuana policy are likely to be settled. The most recent decision is Coats v. Dish Network, a Colorado case in which a licensed medical marijuana user was let go after testing positive for the substance during a drug test at Dish Network. The Colorado Supreme Court ruled against Mr. Coats. The court held that employees who engage in medical marijuana use that is allowed by state law but unlawful under federal law are not protected by Colorado’s “lawful activities statute.” To read a past blog we published on the case Coats v. Dish Network, click here. To view Coats v. Dish Network in its entirety, click here.

Another case to look out for is Nebraska and Oklahoma v. Colorado, in which the states claim that Colorado’s legalization of marijuana is violating federal law and causing problems in bordering states. The Supreme Court’s decision on the case will clarify the federal courts’ willingness to engage in this area of policy.

5. Clarifying DC’s Marijuana Policy

The future of Washington, DC’s marijuana policy will be determined by the federal courts. The court will need to clarify the policy’s future if there is congressional inaction on Initiative 71.

6. Continuation of Marijuana Policies in Colorado, Washington and Uruguay

Both Washington and Colorado are continuing to work on their recreational marijuana policies. Colorado is working through the issues of edibles, product testing, and home-grows. An important issue to watch is the challenge Washington faces in luring consumers away from the black market cost effectively. Overseas, Uruguay will continue to steadily work on a bureaucracy and consumer base for legal marijuana.

7. Current Marijuana Data is Imperfect and Incomplete

It is too early to make conclusive claims about recreational marijuana since there is not enough data. During 2015, and subsequent years, steady flows of data from Colorado and Washington will surface. This data will provide a better idea about the impact of legal recreational marijuana on society.

8. Marijuana as a Topic During the Presidential Campaign

Marijuana will definitely be a topic during the 2015 presidential campaign. Unlike most political issues, marijuana policy is not determined by political party. Thus, it will be interesting to hear the presidential candidates opinions during 2015 since it will be a big part of the campaign.

Comments:

What are your thoughts on the eight big things to watch in 2015? Please leave any thoughtful comments below.

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.

Source:

Hudak, John. “Marijuana Policy in 2015: Eight Big Things to Watch.” Brookings Institute. (January 8, 2015). From:
http://www.brookings.edu/blogs/fixgov/posts/2015/01/08-marijuana-policy-2015-things-to-watch-hudak

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, medical cannabis, medical marijuana, medical marijuana lawyer, medical marijuana license, defense attorney, defense lawyer, Charlotte’s Web, health lawyer, marijuana, recreational cannabis, recreational marijuana, 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.

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: Charlotte's Web, defense attorney, defense lawyer, Florida medical marijuana, health lawyer, legal representation for marijuana dispensaries, legal representation for marijuana growers, legal representation for marijuana law, marijuana, marijuana defense attorney, marijuana law, medical cannabis, medical marijuana defense attorney, medical marijuana law, medical marijuana lawyer, medical marijuana license, recreational cannabis, recreational marijuana, the health law firm|Comments Off

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 compliance with federal law,” company spokesman John Hall said in a statement. To read about the Coats v. Dish Network case in its entirety, click here.

What is Lawful Activity?

This case was brought based on Colorado Revised Statute 24-34-402.5, Colorado’s “lawful activities statute.” The Supreme Court held the term “lawful” in the statute refers only to those activities that are lawful under both state and federal law. Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law, are not protected by this statute. Like Texas, Colorado law allows employers to set their own policies on drug use. Unlike Texas, Colorado has a law that says employees can’t be fired for “lawful” off-duty activities.
To read C.R.S. § 24-34-402.5. – Unlawful prohibition of legal activities as a condition of employment, click here.

Legal Off-Duty Activity.

Coats claims that Dish Network violated C.R.S. § 24-34-402.5, by terminating him due to his state licensed use of medical marijuana at home during non-working hours. The Colorado justices ruled that because marijuana is illegal under federal law, Coat’s use of the drug couldn’t be considered legal off-duty activity. State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. Therefore, federal laws trump state laws.

To read past blogs on this topic or any health law topic, visit our blog pages on our website : www.TheHealthLawFirm.com.

Visit our Colorado Health Law blog.

Comments?

Do you think medical marijuana is considered a “lawful” activity? Do you agree with Dish Network’s decision? Do you think Coats v. Dish Network was a fair case, why or why not? Please leave any thoughtful comments below.

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:

Linsley, Brennon. “Colorado court: Workers can be fired for using pot off-duty.” The News Herald. (June 15, 2015) From:

http://www.morganton.com/colorado-court-workers-can-be-fired-for-using-pot-off/article_f4f67447-5d36-5e6e-9a67-8548d5fc77a4.html

“24-34-402.5. Unlawful Prohibition of Legal Activities as a Condition of Employment.” Department of Regulatory Agencies. (June 15, 2015) From:

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Colorado+Anti-Discrimination+Act+statutes+-+unofficial.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251818317123&ssbinary=true

Coats v. Dish Network, LLC., CO 44. No. 13SC394. U.S. (2015)

About the Author: Carole C. Schriefer 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. The Health Law Firm also has offices in Fort Collins, Colorado and Pensacola, Florida.

KeyWords: Employment Law, medical marijuana, medical cannabis, marijuana license, defense attorney, drug-free work place, Drug-Free Work Place Act, employee rights, employer rights, employment law, employment termination, Colorado marijuana laws, health care lawyer, health lawyer, law attorney, legalizing marijuana, licensed medical marijuana user, marijuana, medical marijuana license, medical marijuana policy, physician attorney, physician lawyer, workplace marijuana regulations, lawful activity, lawful off-duty activity, federal law, state law, Supreme Court, zero tolerance, zero tolerance drug policy, THC, compliance, Recreational drug laws and regulations, Government regulations, Courts, Colorado, health care, health issues, health law, health law attorney, health law 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 © 2017 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: Colorado, Colorado marijuana laws, compliance, Courts, defense attorney, drug-free work place, Drug-Free Work Place Act, employee rights, employer rights, employment law, employment termination, federal law, Government regulations, health care, health care lawyer, health issues, health law, health law attorney, health law lawyer, health lawyer, law attorney, lawful activity, lawful off-duty activity, legalizing marijuana, licensed medical marijuana user, marijuana, marijuana license, medical cannabis, medical marijuana license, medical marijuana policy, physician attorney, physician lawyer, Recreational drug laws and regulations, state law, supreme court, THC, workplace marijuana regulations, zero tolerance, zero tolerance drug policy|Comments Off

Cities All Over Florida Prepare for Medical Marijuana, Even Altamonte Springs!

By 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 permits would restrict medical marijuana businesses to establish in industrial or very light industrial zoning districts.

The drafted rules also state that medical marijuana related businesses can only operate during certain business hours and cannot stand within 300 feet of a school, park or childcare center. “I think we’re very appropriately in front of this issue,” City Manager Frank Martz told the commission on Tuesday. These ordinances are set to return to the commission for a final vote in December.
To read further about medical marijuana legalization on Florida, read one of our past blogs here.

Comments?

Do you agree with these proposed ordinances? Please leave any thoughtful comments below.

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 :

Rodgers, Bethany. “Altamonte prepares for medical marijuana.” Orlando Sentinel. (November 17, 2015). 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: Florida medical marijuana, medical marijuana legislation, medical marijuana laws, medical cannabis, medical marijuana stores, medical marijuana license, medical marijuana legalization, medical marijuana lawyer, defense attorney, 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.

By The Health Law Firm|2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: defense attorney, Florida medical marijuana, health lawyer, medical cannabis, medical marijuana laws, medical marijuana lawyer, medical marijuana legalization, Medical marijuana legislation, medical marijuana license, medical marijuana stores, the health law firm|Comments Off

Pennsylvania House of Representatives Passes Medical Marijuana Bill

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

On March 16, 2016, Pennsylvania’s House of Representatives passed a measure that would legalize medical marijuana in certain forms. The vote was 149-43, with all voting Democrats and more than half of Republicans in support of the bill. The bill now moves onto the Senate, which has already approved an earlier version of the measure 10 months ago.

Growth in Medical Marijuana Programs.

In 2014, the Senate approved medical marijuana legislation, but stalled in committee and never reached a vote in the House. In 2015, the original version of the bill passed the Senate by a 40-7 vote. House Sen. Mike Folmer, R-Lebanon, who is a major proponent of medical marijuana said, “We want to get this done ASAP.”

The bill that passed would establish a system of growers and dispensaries to provide marijuana to patients with certain conditions. These conditions include cancer, epilepsy, HIV and AIDS, and post-traumatic stress disorder (PTSD). All patients are required to be certified by a doctor.

The Stipulations of the Bill.

Under this bill, patients would be allowed to use marijuana in the form of a pill or oil, or through vaporization but they would not be allowed to smoke it. Sales from the dispensaries would be taxed at 5 percent, with the money paying for the Department of Health (DOH) operations for the program. It will also go toward law enforcement and drug abuse services and for research about medical marijuana in general.

Gov. Tom Wolf, indicated that he was eager to pass the legislation and sign the finished product. “We will finally provide the essential help needed by patients suffering from seizures cancer and other illnesses,” Mr. Wolf stated.

If you want to learn more about medical marijuana legislation, click here to read our medical marijuana law blog. Be sure to check back regularly as we update our blog with helpful information frequently.

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:

Packel, Dan. “Medical Marijuana Bill Clears Pa. House.” Law360. (March 16, 2016). Web.

Langley, Karen. “Pennsylvania House passes medical marijuana bill.” Post-Gazette Harrisburg Bureau. (March 16, 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 marijuana, medical marijuana growers, medical marijuana cultivation, medical marijuana license, Pennsylvania medical cannabis, medical marijuana lawyer, marijuana attorney, low-THC cannabis, medical cannabis, Department of Health (DOH), Compassionate Medical Cannabis Act, medical marijuana regulations, The Health Law Firm, health law attorney, cannabis for treatment of debilitating medical condition, formal administrative hearing

“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.

By The Health Law Firm|2024-03-14T10:02:02-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: cannabis for treatment of debilitating medical condition, Compassionate Medical Cannabis Act, Department of Health (DOH), formal administrative hearing, health law attorney, low-THC cannabis, marijuana attorney, medical cannabis, medical marijuana cultivation, medical marijuana growers, medical marijuana lawyer, medical marijuana license, medical marijuana regulations, Pennsylvania medical cannabis, the health law firm|Comments Off