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 […]
Colorado Health Board Rejects Medical Marijuana Proposal for PTSD Treatment
By Carole C. Schriefer, R.N., J.D., The Health Law Firm On July 15, 2015, the Colorado Board of Health denied a bid to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD). Colorado is known for pushing the boundaries with marijuana, but health officials rejected the idea that it can be an effective […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Orlando One Step Closer to Decriminalizing Marijuana as Commissioners Approve New Ordinance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 18, 2016, Orlando moved a one step closer to effectively decriminalizing small amounts of marijuana. The City Council narrowly backed a measure that would allow officers to issue tickets to some people caught with the drug. […]
Pennsylvania House of Representatives Passes Medical Marijuana Bill
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 16, 2016, Pennsylvania’s House of Representatives passed a measure that would legalize medical marijuana in certain forms. The vote was 149-43, with all voting Democrats and more than half of Republicans in support of the bill. […]
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 […]
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. […]
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. […]
CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law
The guest author of this article is Mark Rieber, Senior Attorney, National Legal Research Group. In Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), the court held as a matter of first impression that with the Commonwealth’s new medical marijuana law (“the Act”) in effect, if the police seek a warrant to search a property […]
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 […]
“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 […]
Credit Union in Colorado Granted Charter: Will Serve the Marijuana Industry
By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law and Shelby Root Marijuana businesses are flourishing in the four states that it is legal, including D.C., but are still finding it difficult to operate without access to a traditional banking system. In Denver, Colorado, that may all […]
After Backlash, Office of Compassionate Use Rewrites Florida’s Medical Marijuana Rules
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The devil is in the details. This is why state regulators went back to the drawing board to revamp the framework for Florida’s medical marijuana industry. On September 9, 2014, the Florida Department of Health (DOH) Office of […]
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 […]
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 […]
Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 14, 2016, Orlando’s City Council voted to extend its temporary ban on new marijuana dispensaries, less than a week after Florida voters backed a constitutional amendment to expand medical use of the drug. Back in July […]
Florida Harvests It’s First Legal Medical Marijuana Crop
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 18, 2016, Florida harvested it’s first legal marijuana crop. The new crop is being stored in multiple vacuum-packed, 441-gram bags in a freezer on the outskirts of Tallahassee. The harvest is the result of months of […]
Florida Gets a Green Light on First Five Growers as Medical Marijuana Program Expands: Five Pot Growers Hit Jackpot
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health (DOH) awarded the state’s first licenses to five nurseries, allowing them to legally grow and cultivate marijuana for medical purposes. The nurseries selected are Costa Nursery Farms in Miami, Alpha Foliage of Homestead, […]
Shortage of Florida Physicians Approved to Recommend “Green Leaf Relief” for Patients
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida may be “going green” in a big way come November 2016; and I’m not talking about recycling. The Florida Right to Medical Marijuana Initiative, or Ballot Initiative Amendment 2, has undergone revisions, and will likely be making […]
Group Pushing For New Marijuana Legalization Amendment in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There is a new effort to legalize the use of marijuana in Florida and not just for medical purposes. Petitions will soon hit the streets for a proposed constitutional amendment that would completely legalize use, possession and cultivation […]
New Medical-Marijuana Amendment to be Reviewed for Inclusion on Ballot
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new medical-marijuana amendment will be reviewed by the Department of State. The second push in Florida has more than 100,000 signatures in favor to date. The petitions were given to the state on Wednesday by an organization […]
Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana
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How to Sign Up as a Prescribing Physician With the Compassionate Use Registry
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