Tag Archives: medical marijuana lawyer

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.

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“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.

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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 © 2016 The Health Law Firm. All rights reserved

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.

“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.