State of Florida Sued as DOH Fails to Grant New Pot Licenses

3-indest-2009-2By 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. The constitutional amendment requires the DOH to license more medical marijuana treatment centers. According to the suit that has been filed, DOH’s failure to do so is depriving patients of medication that they really need.

The Number of Licenced Treatment Centers.

Bill’s Nursery, Inc., and Michael Bowen filed suit accusing the DOH of failing to meet an October 2017 deadline to expand the number of licensed treatment centers in the state by an additional ten as it is being argued, is required by The Florida Medical Marijuana Legalization Initiative. The initiative, known as Amendment 2, was passed in November 2016. Click here to learn more.

Bill’s Nursery previously applied unsuccessfully to become a medical marijuana dispensary in the state of Florida and now wants to apply to be a medical marijuana treatment center. In his suit Bowen claims he relies on medical marijuana to prevent and treat his epileptic seizures.

Treatment Center Licenses.

Despite passage of Amendment 2, the DOH has only given licenses to six additional treatment centers and is refusing to accept and consider additional applications. According to the complaint, this defies the Florida Legislature and threatens the ability of patients to access lifesaving medication. Patients and advocates for medical marijuana claim that the few that have been approved are simply not enough to provide what is needed. During a late October 2017 hearing before the Florida Senate Health Committee, Christian Bax, director of the DOH’s Office of Medical Marijuana Use, made it clear that the agency wouldn’t issue the additional licenses until pending litigation challenging a provision of the law is resolved.

According to the suit, the DOH’s refusal to license more businesses is harming competition, preventing companies like Bill’s Nursery from entering the market and strengthening the monopoly hold enjoyed by the seven current treatment centers. Additionally, in the process, the agency and officials are harming patients like Bowen, who says his life is at risk without adequate access to medicinal marijuana, the complaint says.

Click here to read the complaint in full.

To read a previous blog I wrote on the current legislation of Florida’s medical marijuana, click here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing. We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.

Call now or visit our website www.TheHealthLawFirm.com.

Sources:

Posses, Shayna. “Florida Sued For Dragging Feet On Medical Pot Licenses.” Law360. (November 22, 2017). Web.

Kam, Dara. “Medical marijuana license delays challenged in lawsuit.” Sun Sentinel. (November 22, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331 6620.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright 2017 The Health Law Firm. All rights reserved.

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Inconsistency in Legislation Leads to Legal Challenge of Florida Medical Marijuana Law

3-indest-2009-2By 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 and availability.  Current legislation bans the direct inhalation of the drug, opting for other forms that are far scarcer.
People United for Medical Marijuana continues to be a major activist for the complete legalization of medical marijuana. “People United” has challenged the current bill to make medical use of the drug more accessible and more directly available.

Attorney John Morgan’s Role.

Attorney John Morgan of Orlando, Florida, is leading the push to ensure that state legislation clearly authorizes the use of medical marijuana in any form.  He states that he is fighting for the patients that desperately need the drug. He represents People United for Medical Marijuana, stating that they are trying to make sure medical marijuana is accessible for all who need it.

A law suit recently filed stated “by redefining the constitutionally defined term ‘medical use’ to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is a direct conflict with the specifically articulated constitutional process.”

Click here to view the complaint from this lawsuit.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing.  We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.
Call now or visit our website www.TheHealthLawFirm.com.

Sources:

Farrington, Brendan. “Lawsuit Challenges Florida Ban on Smokable Medical Marijuana.”  US News. (July 7, 2017.) Web.

Hale, Nathan. “Lawsuit Challenges Fla. Medical Marijuana Smoking Ban – Law360.”  Law360 – The Newswire for Business Lawyers. LexisNexis. (July 6, 2017) Web.

Rohrer, Gray. “John Morgan Sues State over Smoking Ban in Medical Marijuana Law.” OrlandoSentinel.com. (July 6, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331 6620.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida ,medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright 8 2017 The Health Law Firm. All rights reserved.

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 marijuana to help treat pain and other symptoms. The dispensary, being opened by Knox Medical, is to be located on North Orlando Avenue at Ivanhoe Village in Orlando, Florida. This is the first dispensary location in Florida. Knox Medical states that it hopes to open four additional sites around the state.

Knox Medical Group Is Licensed to Cultivate and Sell Medical Grade Marijuana.

Knox Medical is one of just a few companies that have obtained licenses to grow and sell medical grade marijuana. Knox Medical Group states that it expects this dispensary to be a respectable and exclusive venue. The dispensary contends that it will only allow entry by patients with clear physician orders to attempt to avoid anything that could create a negative perception of the medical marijuana industry. This “prescription only” approach is different from that of California and Colorado; nobody without a clear physician’s order for medical marijuana will be allowed to enter the building.

Law Makers Create Difficult Regulations for Marijuana Industry.

State regulation seems like it will always be a problem for the growing marijuana industry. There is the potential for new bills restricting the placement of medical marijuana dispensaries. Such a restriction could limit access to the drug and decrease consumption. Florida law makers are continuing to consider additional medical marijuana constitutional amendments. However, since the amendment that approved medical marijuana passed with a 71 percent vote, any measure proposed that will restrict access or availability will probably be defeated. As more and more states accept this alternative form of medicine, law makers will be forced to be flexible and deal with it.

Knox Medical Group Plans To Open Additional Locations All Around Florida.

The city of Orlando approved the new medical marijuana center restricting it to products with less than .3 percent THC. The effects of marijuana itself, along with the effects of marijuana dispensaries, are still being studied.

Knox Medical group states that it plans to open additional locations in Gainesville, Tallahassee, Jacksonville, and Lake Worth in the coming years.
To view prior blogs The Health Law Firm has published on Medical Marijuana, click here: https://medicalmarijuanalawblog.wordpress.com/

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing. We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Ferrante, Deanna. “Orlando’s First Medical Marijuana Dispensary Slated to Open in Ivanhoe Village.” Orlando Weekly.  (Mar. 7, 2017). Web.

Shanklin, Mary. “Orlando’s First Medical Marijuana Dispensary Planned for Ivanhoe Village.” Orlando Sentinel. (Mar. 8, 2017). Web.

About the Author: Shannon McDonough is a legal and marketing intern at the Health Law Firm. She is an undergraduate student at Rollins College pursuing her bachelors in Economics with a minor in Spanish and Communications. The Health Law Firm’s main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., and Florida professional service corporation, since 1999, and is also a registered service mark. Copyright © 2017 The Health Law Firm. All rights reserved.

Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries

6 Indest-2008-3By 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 2016, city commissioners voted to approve the temporary pause on marijuana dispensaries. The current ban is set to expire December 2016, but the city is pursuing an extension that would stretch the ban until July 1, 2017.

The Temporary Ban.

According to the city, the temporary ban will be beneficial because it will allow staffers to study the potential impacts of marijuana distributors, including whether they should be kept at arm’s length from neighborhoods, churches and schools. After the Legislature in 2014 legalized the low-THC oil known as Charlotte’s Web, the city of Orlando determined its current rules would categorize dispensaries as drug stores, like Walgreens and CVS. The city of Orlando pursued the July 2016 moratorium after three potential sellers of either medicinal marijuana or Charlotte’s Web had expressed interest in Orlando storefronts where proper zoning would allow them. So far, several South Florida cities have also adopted similar temporary bans on new potential dispensaries. The Orlando City Council will take its final vote on the extension in December 2016.

To learn more on the status of marijuana in Florida, click here to read one of my prior blogs.

Problematic Approach.

To me this is very problematic. The citizens of Florida have spoken in making medical marijuana legal. However, it seems likely that we will be burdened with government officials acting to try to prohibit retail sellers and dispensaries in an attempt to prevent it nevertheless. For example, what would happen if every county now voted to prohibit dispensaries within their boundaries. This would cut the legs out from under the constitutional amendment passed by the voters.

We may have to go back to the polls again and vote in a constitutional amendment that blocks cities, counties and state agencies from preventing sales within their limits. Either that or elect John Morgan governor!

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Weiner, Jeff. “Orlando extends temporary ban on marijuana dispensaries.” Orlando Sentinel. (November 14, 2016). Web.

Weiner, Jeff. “City votes for pause on pot dispensaries.” Orlando Sentinel. (July 11, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida’s Amendment 2, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.
Copyright © 2017 The Health Law Firm. All rights reserved

Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana

8 Indest-2008-5By 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 eye for some time now, took a giant step forward. Voters in California voted to legalize the recreational use of marijuana. Voters in Florida, the third most populous state, overwhelmingly finally said yes to legalize medical marijuana use.

Expanding Legal Access to Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.
In 2014, the amendment got 57.6 percent of voter’s approval, just missing the 60 percent needed to pass.

Legalization Support.

According to national polls that were conducted, a solid majority of Americans support legalization of marijuana. Gallup’s latest survey for 2016 gauged support at 60 percent, up from 14 percent from when the question was first posed in 1969. Gallup says 13 percent of U.S. adults currently report using marijuana, nearly double the percentage who reported using pot in 2013. Click here to read the recent poll on marijuana support.

To learn more on the legalization of marijuana, click here to read one of my prior blogs.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hale, Nathan. “Marijuana Ballots: Calif., Fla. Say Yes To Legal Pot.” Law360. (November 9, 2016). Web.

“Marijuana legalization: California, Nevada, Florida voters say yes but Arizona rejects.” Fox 5. (November 9, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana industry, approval of Florida’s Amendment 2, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., a Florida professional service corporation, since 1999, and is also a registered service mark.

Copyright © 2017 The Health Law Firm. All rights reserved