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Poll Shows Majority Supports the Legalization of Marijuana

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

For the first time in four decades, a majority of Americans support the legalization of marijuana, according to a national survey conducted by Pew Research. The results from the survey, released on April 4, 2013, show fifty-two percent (52%) of adult Americans back making marijuana legal.

To read all of the poll results from Pew Research, click here.

The Pew Research polled 1,501 American adults from March 13 to 17, 2013, for this survey.

Demographics on Adults Who Support Legal Marijuana.

According to the survey results, forty-eight percent (48%) of poll respondents said they have used marijuana […]

By The Health Law Firm|2024-03-14T10:00:47-04:00June 1, 2018|In the Know, In the News, The Health Law Firm Blog|

The American Academy of Family Physicians Releases Third List for Choosing Wisely Campaign

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

On September 24, 2013, the American Academy of Family Physicians (AAFP) released its third list of commonly prescribed tests and procedures that may not be necessary. This list is part of the American Board of Internal Medicine (ABIM) Foundation’s Choosing Wisely campaign.

The Choosing Wisely Campaign was initiated to give patients a catalog of procedures, tests and treatments that have been overused, misused or have been identified as ineffective. Since its launch in April 2012, more than fifty (50) medical specialty societies have created lists of procedures, tests and drug treatments that deserve […]

By The Health Law Firm|2024-03-14T10:00:52-04:00June 1, 2018|Health Care Industry, The Health Law Firm Blog, Whistleblower|

MedPAC Wants to Hold Accountable Care Organizations More Accountable

By Lance O. Leider, J.D., The Health Law Firm

As the Centers for Medicare and Medicaid Services (CMS) prepares to designate the next class of accountable care organizations (ACOs), the agency sought the advice and input of the Medicare Payment Advisory Commission (MedPAC) on how to proceed. MedPAC is an independent Congressional Agency established to advise the U.S. Congress on issues affecting Medicare.

Click here to read our previous blog on the background and purpose of ACOs.

MedPAC Suggests All Medicare Shared Savings Program ACOs Join the Two-Sided Risk Model.

In response to the request from the CMS, MedPAC reiterated its previous position that it would like to see […]

By The Health Law Firm|2024-03-14T10:00:53-04:00June 1, 2018|ACO, Health Care Industry, In the Know, Medicare, The Health Law Firm Blog|

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|

“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 […]

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

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|

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|

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|

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 […]

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