Medical Marijuana | The Health Law Firm 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|

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|

First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH

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

On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

Maui Grown Therapies.

The Maui dispensary has been pre-registering patients and will begin selling medical cannabis to patients by appointment only, said Freitas Gorman, director of community relations and patient affairs. Walk-in […]

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

Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams

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

On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit card numbers in exchange for a bogus offer of free or reduced-cost medical marijuana.

The DOH reports all incidents of potential fraud and scams to law enforcement, but wants to ensure residents and law makers are aware of what to avoid.

Avoid Medical Marijuana Scams.

Be aware that the perpetrators of the scam may mention the Department of Health’s “Office of […]

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

Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary

By Shannon McDonough, Legal and Marketing Intern

Central Florida Making Strides Toward Medical Marijuana Acceptance.

Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical marijuana to help treat pain and other symptoms. The dispensary, being opened by Knox Medical, is to be located on North Orlando Avenue at Ivanhoe Village in Orlando, Florida. This is the first dispensary location in Florida. Knox Medical states that it hopes to open four additional sites around the state.

Knox Medical Group Is Licensed to Cultivate and Sell Medical Grade Marijuana.

Knox Medical is one of just […]

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

Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order

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

On December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and awaits further review

It’s been proposed that Florida residents seeking medical marijuana prescriptions will need to have an in-person examination first.

The Board originally issued the current telemedicine rules in the Spring of 2014. This amendment would add a new Section (5) to the Standards for […]

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

Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana

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

After looking at the red and blue map of America from the recent presidential election, it may be time to add some green. On November 9, 2016, the movement to legalize marijuana, which has been in the public eye for some time now, took a giant step forward. Voters in California voted to legalize the recreational use of marijuana. Voters in Florida, the third most populous state, overwhelmingly finally said yes to legalize medical marijuana use.

Expanding Legal Access to Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, […]

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

Study Finds States That Allow Medical Marijuana May Have Less Opioid Use

By 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 […]

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

DEA Nixes Removing Marijuana From Its Highly Restricted Drug Classification

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

On August 11, 2016, the Drug Enforcement Agency (DEA) denied a petition to lessen federal restrictions on the use of marijuana for the fourth consecutive time. The DEA rejected petitions to remove marijuana from its most highly restricted classification of drugs, which includes heroin and ecstasy, but announced a new policy to support expanded research into the substance.

The Federal Status of Marijuana.

Reclassifying marijuana from a Schedule 1 to a Schedule 2 drug would have made it easier to get federal approval for studies of its uses as well as for doctors to start writing […]

By The Health Law Firm|2024-03-14T10:02:02-04:00May 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|