From the archives: Mississippi Becomes 37th State to Legalize Medical Marijuana
Previously published on March 24, 2022By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 2, 2022, the Gov. of Mississippi signed the “Mississippi Medical Cannabis Act” legalizing medical marijuana in the state. The law permits the use of medical cannabis to treat certain debilitating medical […]
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 […]
House Committee Advances Medical Marijuana Bill to Expand Research
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, […]
Judge Says New Mexico School Didn’t Discriminate by Prohibiting Medical Marijuana Treatment on Campus
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 9, 2019, a judge dismissed the claims of parents who said a New Mexico public school discriminated against their epileptic daughter by prohibiting her from using medical marijuana on school grounds. The judge granted a motion […]
Florida Appeals Court Says Medical Marijuana Statute Unconstitutional
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 9, 2019, a Florida appellate court ruled that the Florida Legislature’s approach to regulating medical marijuana is unconstitutional. If the ruling stands, it would require state health officials to begin registering medical-marijuana firms to do business […]
Florida House Passes Bill to End the Smoking Ban on 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 end Florida’s smoking ban on 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 […]
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, […]
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 […]
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. […]
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 […]
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 […]
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 […]
Colorado Federal Lawsuit Could Have Far Reaching Effects on US Marijuana Industry
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 30, 2018, a federal trial in Colorado could have far-reaching effects on the United States’ marijuana industry if a jury sides with a couple who say having a cannabis business as a neighbor hurts their property’s […]
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 […]
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 […]
Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 20, 2018, a Pennsylvania court agreed that a company that lost out on a potentially profitable cannabis dispensary permit needed to exhaust administrative remedies before it could file suit. The suit would challenge the constitutionality of […]
State of Florida Sued as DOH Fails to Grant New Pot Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a plant nursery and a man who has epilepsy, filed suit alleging that it’s “high time” for the Florida Department of Health (DOH) to comply with a Florida constitutional amendment and its implementing legislation. […]
What You Should Know Before Dabbing Into the Risks of Marijuana-Related Mergers and Acquisitions
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As public support grows for the legalization of marijuana in the U.S. and Canada, mergers and acquisitions lawyers should be studying up now on the ins and outs of cannabis compliance. In the U.S., there are 29 states, […]
Federal Judge Dismisses Former NFL Player’s Marijuana Decriminalization Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 26, 2018, a New York federal judge dismissed a former NFL star’s suit demanding decriminalization of medical marijuana. U.S. District Judge Alvin K. Hellerstein said the Second Circuit has already determined that Congress had a rational […]
Denver Coffee Shop May Become First Business to Allow Social 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 12, 2017, the first application to allow social marijuana use in a business has landed in Colorado. This first application seeks to allow vaping and use of edibles southwest of downtown. Denver is the first in […]
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. […]
Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries
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Florida’s First Green Bank Cuts Business Ties with Medical Marijuana Money
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Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy
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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 […]
Don’t Get Burnt: Update Your Workplace Policies and Procedures to Include Medical Marijuana
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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 […]
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 […]
“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 […]
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 […]
How to Sign Up as a Prescribing Physician With the Compassionate Use Registry
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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. […]
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. […]
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 […]
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 […]
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 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 […]
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 […]
Inconsistency in Legislation Leads to Legal Challenge of Florida Medical Marijuana Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Challenge to Florida Legislatures’s Limitation on Medical Marijuana Use. Despite the passage of a Florida Constitution Amendment by the people of the state of Florida in November 2016, the Legislature continues to attempt to artificially limit its access […]
New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 27, 2016, the Marijuana Policy Project issued a report for 2015 stating that the state-legal medical marijuana industry had a $2.4 billion economic impact on the Colorado economy. The cannabis industry, the fastest-growing business sector in […]