Monthly Archives: July 2015

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

4 Indest-2009-3A 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 called United for Care.

This Year’s Version Addresses Loopholes.

Critics have said legal marijuana would result in dispensaries on street corners, minors obtaining joints and giving drug dealers a legal supply. This year’s version of the amendment will address all of these issues. It will allow the state to ban felons who are working as care-givers from purchasing for qualified patients.

The New Version Gives New Definition for ‘Qualified Patient.’

Additionally, the amendment tightens the definition of “qualified patient.” A patient must have one of a list of serious diseases like cancer and HIV/AIDS or a disease of “the same kind or class.” Last year, the version allowed doctors to prescribe marijuana for any condition they believed the benefits outweighed the risk.

The Department of State Must Review in 30 Days.

The Department of State has 30 days to review the 100,000 signatures. It does this in order to make sure at least 68,317 of the signatures are valid. Then, the state Supreme Court will determine if the proposal is constitutional and focuses on one subject. Ben Pollara, campaign manager at United for Care, says they expect to have the review date by mid-August.

To read a past blog on the 2015 policy, click here.

Comments?

Did you sign the petition? Do you agree with the stricter policies? Please leave any thoughtful comments below.

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.

Source:

Sweeney, Dan. “New medical-post amendment advances.” Orlando Sentinel. (July 23, 2015). Print.

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: United for Care, defense attorney, health law, health care attorney, health care lawyer, health investigation, medical license, Department of State, health attorney, medical marijuana lawyer, medical cannabis, cannabis, marijuana, THC, medical THC, health conditions, cancer, cancer patients, medical marijuana petitions, petitions, Florida, Florida marijuana, petition for rule challenge

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

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Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

6 Indest-2008-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law

Barnhart v. Dep’t of Health, Div. Admin. Hearings, Case No. 15-1271RP (Final Order April 10, 2015).

Following is a summary of a recent Division of Administrative Hearings case summary, taken from The Florida Bar Administrative Law Section Newsletter, Vol. 36, No. 4 (June 2015).

FACTS: On February 6, 2015, the Department of Health (“DOH”) published a notice of proposed rule-making setting forth the text of six proposed rules to implement the Compassionate Medical Cannabis Act of 2014 (“the Act”). The Act provides in part that certain physicians treating patients suffering from cancer or a condition that chronically produces seizures or severe muscle spasms may order low-THC cannabis for those patients’ treatment.

The Petitioner filed a Petition asserting that one of the proposed rules (64-4.002) is an invalid exercise of delegated legislative authority.  In support thereof, the Petitioner alleged that she is a four-year-old Florida resident diagnosed with an inoperable brain tumor, and she treats her condition with medical cannabis extracts. The Petitioner further alleged that she plans to register with the Office of Compassionate Use Registry to become a “qualified patient” for the medical use of low THC cannabis.

The Petition also contained allegations regarding the harm that would result without an adopted rule. For instance, the Petition alleged there is a “desperate need for access to low THC cannabis” and that expedited rule promulgation was necessary because the “selected applicants will be responsible for ensuring access to ordered medication, with greater risk of public injury if there is no access to medicine.” The Petition also asserted that potential applicants eligible to become dispensing organizations would be harmed by the proposed rule’s “overly burdensome” application, scoring, and selection process.

OUTCOME: After affording Petitioner leave to file an amended Petition, the ALJ dismissed the Petition due to a lack of standing when Petitioner chose not to file an amended Petition.

The ALJ concluded the Petitioner’s allegations failed to demonstrate that she could become a “qualified patient” and thus potentially eligible for a physician’s order to receive low-THC cannabis.

The ALJ noted that while the Petitioner alleges that she has an inoperable brain tumor, she does not allege that her “condition falls within the narrow parameters of the Act, that is, that Petitioner has cancer or that Petitioner’s medical condition chronically causes seizures or muscle spasms.” Moreover, even if Petitioner had sufficiently alleged that she could be a “qualified patient,” the allegations were insufficient to show that Petitioner would suffer a real or sufficiently immediate injury in fact resulting from application of the proposed rule.

However, the ALJ rejected DOH’s argument that a “qualified patient” could never have standing to challenge proposed rule 64-4.002. While noting that the proposed rule only addresses the application requirements, scoring, and selection process for dispensing organizations, the ALJ concluded that qualified patient status, “when adequately alleged, might, hypothetically, be sufficient as part of the predicate for standing to challenge rules implementing the Act.”

Editor’s Notes on Case Summary:

This case demonstrates a common situation for many Florida residents who suffer from conditions like cancer: denial of medical marijuana. The Compassionate Medical Cannabis Act of 2014 states that in order to qualify for the cannabis, the patient must produce symptoms of seizure and persistent muscle spasms. If the patient is younger than 18 years of age, a second physician must concur the initial physician’s determination. In this case, 4-year-old Dahlia Barnhart, who suffers from a brain tumor, failed to demonstrate that her condition produces seizures and spasms, and therefore was denied low-THC. In court documents, you must allege that you are eligible for the physician’s order.

Comments?

Do you think that 4-year-old Dahlia Barnhart qualifies for medical marijuana? Do you have a chronic condition that was denied medical marijuana? Please leave any thoughtful comments below.

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 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

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. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: license, defense attorney, health law, health care attorney, health care lawyer, health investigation, medical license, Department of Health, DOH, health attorney, medical marijuana lawyer, medical cannabis, cannabis, marijuana, Compassionate Medical Cannabis Act, THC, medical THC, health conditions, cancer, cancer patients, brain tumor, petitions, Florida, Office of Compassionate Use, ALJ, administrative law judge, physicians, Florida marijuana, administrative hearing, petition for rule challenge

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

“Eight Big Things to Watch” for Marijuana Policy in 2015-From Brookings Institution

8 Indest-2008-5By 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 Big Things to Watch.” During 2015, the country and foreign nations will see big changes involving marijuana policies.


1. New States are Planning and Preparing for Legal Marijuana

In November 2014, recreational marijuana was legalized in Oregon and Alaska. During 2015, state legislatures in their respective state and alcohol regulatory bodies will work side by side to design regulations governing legal marijuana. It is important to watch what these states decide because it may determine whether the states marijuana policy will succeed or fail.

Oregon is making history by becoming the first state to border another who has already legalized marijuana. The border between Oregon and Washington will bring insight into what extent states will go for marijuana market advantages regarding bordering states.


2. Which States will be the next to Legalize Marijuana?

This year will show which states are taking steps to initiate ballots in 2016 to legalize marijuana. California and Florida are two of the states expected to advance an initiative, and other states are likely to follow their lead. Ballot initiatives are expensive, thus, to determine who is pushing follow the money.


3. State Legislatures and Marijuana

During the legalization of recreational or medical marijuana the difficult part of the process is getting it past the state legislature. Throughout 2015 it is important to determine which state legislatures have proposals involving marijuana policy and to keep track of their progress during legislative sessions. Some states, like Tennessee, may propose relaxing bans on hemp production, while others may seek to reaffirm legal bans on marijuana.


4. Marijuana in the Courts

During 2015, numerous high-profile lawsuits centered around marijuana policy are likely to be settled. The most recent decision is Coats v. Dish Network, a Colorado case in which a licensed medical marijuana user was let go after testing positive for the substance during a drug test at Dish Network. The Colorado Supreme Court ruled against Mr. Coats. The court held that employees who engage in medical marijuana use that is allowed by state law but unlawful under federal law are not protected by Colorado’s “lawful activities statute.” To read a past blog we published on the case Coats v. Dish Network, click here. To view Coats v. Dish Network in its entirety, click here.

Another case to look out for is Nebraska and Oklahoma v. Colorado, in which the states claim that Colorado’s legalization of marijuana is violating federal law and causing problems in bordering states. The Supreme Court’s decision on the case will clarify the federal courts’ willingness to engage in this area of policy.


5. Clarifying DC’s Marijuana Policy

The future of Washington, DC’s marijuana policy will be determined by the federal courts. The court will need to clarify the policy’s future if there is congressional inaction on Initiative 71.


6. Continuation of Marijuana Policies in Colorado, Washington and Uruguay

Both Washington and Colorado are continuing to work on their recreational marijuana policies. Colorado is working through the issues of edibles, product testing, and home-grows. An important issue to watch is the challenge Washington faces in luring consumers away from the black market cost effectively. Overseas, Uruguay will continue to steadily work on a bureaucracy and consumer base for legal marijuana.


7. Current Marijuana Data is Imperfect and Incomplete

It is too early to make conclusive claims about recreational marijuana since there is not enough data. During 2015, and subsequent years, steady flows of data from Colorado and Washington will surface. This data will provide a better idea about the impact of legal recreational marijuana on society.


8. Marijuana as a Topic During the Presidential Campaign

Marijuana will definitely be a topic during the 2015 presidential campaign. Unlike most political issues, marijuana policy is not determined by political party. Thus, it will be interesting to hear the presidential candidates opinions during 2015 since it will be a big part of the campaign.


Comments:

What are your thoughts on the eight big things to watch in 2015? Please leave any thoughtful comments below.


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 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Source:

Hudak, John. “Marijuana Policy in 2015: Eight Big Things to Watch.” Brookings Institute. (January 8, 2015). From:
http://www.brookings.edu/blogs/fixgov/posts/2015/01/08-marijuana-policy-2015-things-to-watch-hudak


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. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.


Keywords:
Florida medical marijuana, medical cannabis, medical marijuana, medical marijuana lawyer, medical marijuana license, defense attorney, defense lawyer, Charlotte’s Web, health lawyer, marijuana, recreational cannabis, recreational marijuana, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.