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 […]
Florida Defends Medical Pot Law in High-Stakes State Supreme Court Battle
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 […]
Florida Defends Medical Marijuana Law in High-Stakes State Supreme Court Battle
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 […]
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 […]
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 […]
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 […]