marijuana law | The Health Law Firm Blog

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 […]

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

Federal Judge Challenges the Justice Department’s Interpretation of Federal Law Restricting Medical Marijuana Prosecutions

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

In a federal case involving a California-based medical marijuana dispensary and the United States, regarding a motion to dissolve a permanent injunction, a federal judge challenged the Department of Justice’s (DOJ) so-called “tortured” interpretation of the law. U.S. District Judge Charles Breyer pronounced that the DOJ’s interpretation is “at odds with fundamental notions of the rule of law.” Judge Breyer went so far as to say that the DOJ’s analysis of the plain language Amendment was “counterintuitive and opportunistic.”

At issue in this case is a […]

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

Florida Physicians Allowed to “Recommend” But Not “Prescribe” Medical Marijuana for Patients

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

Under the Compassionate Medical Cannabis Act of 2014, Florida patients suffering from cancer or a physical medical condition that produces chronic symptoms of seizures or severe and persistent muscles spasms can qualify for the use of low-THC cannabis.

To read the full legislative language of the Florida compassionate-use act, click here.

Florida has been preparing physicians to qualify patients for the use of medical marijuana for nearly a year. So far, only 42 doctors have completed the process for the medical marijuana program, which consists of passing an eight-hour continuing education course and […]

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

Colorado Health Board Rejects Medical Marijuana Proposal for PTSD Treatment

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

On July 15, 2015, the Colorado Board of Health denied a bid to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD). Colorado is known for pushing the boundaries with marijuana, but health officials rejected the idea that it can be an effective form of treatment for PTSD patients. The board voted against the recommendation of the state’s chief medical officer and marks the third time Colorado’s health officials have said ‘No’ to including PTSD on its marijuana approved list of uses.

Is Marijuana Medicine?

The Colorado Board of Health voted 6-2, to reject a petition for PTSD to be considered a […]

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

Workers Can Be Fired For Using Marijuana Off-Duty

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

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

Coats v. Dish Network.

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

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

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

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

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

Despite this, First Green Bank, a Central Florida community bank that doesn’t require a federal charter, came to the rescue. […]

By The Health Law Firm|2024-03-14T10:01:13-04:00May 15, 2018|marijuana law|

Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy

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

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

Marijuana Criminalization.

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

“It is the mission of the […]

By The Health Law Firm|2024-03-14T10:01:13-04:00May 15, 2018|marijuana law|

Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries

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

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

Access to Medical Marijuana.

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

Florida’s Amendment 2 passed with 71 percent of the vote. Those […]

By The Health Law Firm|2024-03-14T10:01:12-04:00May 15, 2018|marijuana law|

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

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

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

The Temporary Ban.

According to the city, the temporary ban will be beneficial because it will allow staffers to study the […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|marijuana law, Marijuana Law Blog, Medical Marijuana|

Florida Harvests It’s First Legal Medical Marijuana Crop

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

This is one of two production facilities operated by Surterra Therapeutics, the first of six companies […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|marijuana law, Marijuana Law Blog, Medical Marijuana|