Marijuana Law Blog | The Health Law Firm Blog

Federal Court in Connecticut Rules Workers Can’t Be Denied Jobs for Medical Marijuana Use

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

On December 7, 2018, a federal judge in Connecticut ruled that a nursing home violated an anti-discrimination provision of the state’s medical marijuana law when it rescinded an employee’s job offer. It’s the latest in a series of similar clashes between federal and state laws around the country that came out in favor of medical marijuana users trying to keep or obtain jobs with drug-testing employers. The ruling provided clarification on medical marijuana use under the Connecticut Palliative Use […]

By The Health Law Firm|2024-03-14T10:00:17-04:00January 30, 2019|Marijuana Law Blog|

Florida Governor: Crush Out Pot Smoking Ban

By 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 […]

By The Health Law Firm|2024-03-14T10:00:19-04:00January 22, 2019|marijuana law, Marijuana Law Blog|

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 […]

By The Health Law Firm|2024-03-14T10:00:19-04:00December 28, 2018|Marijuana Law Blog|

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 […]

By The Health Law Firm|2024-03-14T10:00:20-04:00November 28, 2018|Marijuana Law Blog|

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” […]

By The Health Law Firm|2024-03-14T10:00:22-04:00September 17, 2018|Marijuana Law Blog, Medical Marijuana|

Florida Appeals Court Rules Smoking Medical Marijuana Not Allowed During the Legal Process

By 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 […]

By The Health Law Firm|2024-03-14T10:00:24-04:00July 12, 2018|Marijuana Law Blog, Uncategorized|

Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court

By 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 […]

By The Health Law Firm|2024-03-14T10:00:24-04:00July 5, 2018|marijuana law, Marijuana Law Blog|

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|

New Study Reveals Only One Long Term Effect From Smoking Marijuana

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

According to new research, long-term marijuana use may not be so bad for your health after all. A recent long-term study of nearly 1,000 New Zealanders from birth to age 38 has found that people who smoked marijuana for up to 20 years have more gum disease, but otherwise do not show worse physical health than non-smokers.

The researchers’ findings, published in the June issue of The Journal of American Medical Association (JAMA) Psychiatry, found that among the 38-year-olds surveyed, 55.6% of people who had smoked marijuana regularly for 15 or 20 years had gum disease, while […]

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

Canada to Legalize Recreational Marijuana in 2017: Spring Breakers to Go North Next Year

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 20, 2016, Canada’s Health Minister announced that the Canadian government will introduce a new law in the Spring of 2017 to legalize recreational marijuana and regulate sales. This law fulfills Canadian Prime Minister Justin Trudeau’s election pledge and follows the footsteps of several U.S. states that are attempting to decriminalize and permit easy access to the drug.

The Details.

Canada’s Health Minister Jane Philpott, who recently spoke at a special session of the United Nations General Assembly in New York, said the Canadian law will ensure marijuana is kept away from children and keep criminals from […]

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