legal representation for marijuana decriminalization

Florida DOH Claims Orchid Nursery Has No Constitutional Protection In Marijuana Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state […]

By The Health Law Firm|2024-03-14T09:59:46-04:00March 15, 2021|Health Facilities Law Blog|

Florida Department of Health Claims Orchid Nursery Has No Constitutional Protection In Pot Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the […]

By The Health Law Firm|2024-03-14T09:59:49-04:00February 17, 2021|Mental Health Law Blog|

Florida Department of Health Claims Orchid Nursery Has No Constitutional Protection In Pot Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state of […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 8, 2020|Marijuana Law Blog|

Court Says Walmart’s Firing Violated Arizona’s Medical Marijuana Law

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

On March 22, 2019, the U.S. District Court in Arizona granted summary judgment on anti-discrimination claims in favor of the plaintiff former employee and against Walmart under Arizona’s medical marijuana statute. The plaintiff, a former employee of Walmart, had been terminated after allegedly testing positive for marijuana.

This case is significant because as more states are adopting medical marijuana laws, this represents the growing risks to employers who engage in adverse employment actions against medical marijuana users. Furthermore, since the decision was in federal court, it […]

By The Health Law Firm|2024-03-14T10:00:15-04:00April 23, 2019|Marijuana Law 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|

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|