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Florida Governor Officially Legalizes Smoking Medical Marijuana

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

On March 18, 2019, Gov. Ron DeSantis officially signed a bill into law allowing the use of smokable medical marijuana by eligible patients. The governor’s signature on legislative bill SB 182, “Medical Use of Marijuana,” was the first he has approved since taking office in January 2019 and was a top priority for the newly elected governor. Additionally, he filed a joint motion to dismiss People United for Medical Marijuana v. Department of Health, a case in which the Florida Department of Health (DOH) […]

By The Health Law Firm|2024-03-14T10:00:16-04:00March 25, 2019|Marijuana Law Blog|

Florida House Passes Bill to Allow Smoking Medical Marijuana

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

On March 13, 2019, two days before Gov. DeSantis’ deadline to pass a bill repealing Florida’s ban on smoking medical marijuana, the House finally passed the legislation. Florida lawmakers affirmed the right of patients to smoke medical marijuana. The vote was 101 to 11 in favor of revoking the ban. The House approved a Senate bill to include “smoking” in the language. The bill allows patients to receive up to 2.5 ounces of whole flower cannabis every 35 days as recommended by a […]

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

Florida DOH Challenges Ruling to Eliminate Cap on Medical Pot Dispensaries

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

On February 15, 2019, the Florida Department of Health (DOH) appealed a circuit judge’s ruling on a law that capped the number of medical marijuana licenses and dispensaries in the state. Attorneys for the DOH filed a notice that said they were challenging a February 2019, ruling by Leon County Circuit Judge Karen Gievers. This action seems somewhat hypocritical, given Governor DeSantis’s recent statements. After all, he appoints the Florida Surgeon General, who is also the head of […]

By The Health Law Firm|2024-03-14T10:00:17-04:00February 22, 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|

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|