Medical Marijuana Legal Advice - Can a lawyer advise a client about using the drug or operating such a business without running afoul of the Bar?

Legal Advice for
Medical Marijuana
Dispensaries

With a possible legalization of medical marijuana on deck in Florida, many are wondering how can a lawyer advise using the drug or operating a marijuana dispensary without running afoul of the Bar? Now we know the Florida Bar's position. "Yes [counsel can advise], according to the Bar Board of Governors, which adopted a policy not to prosecute Bar members for misconduct if they advise clients about the new state law — as long as they also remind clients about federal law. " says the Florida Bar News in its June 15, 2014 edition.

Can a lawyer advise a client about Medical Marijuana without Violating Bar Rules?

The new medical marijuana Policy follows: “The Florida Bar will not prosecute a Florida Bar member solely for advising a client regarding the validity, scope, and meaning of Florida statutes regarding medical marijuana or for assisting a client in conduct the lawyer reasonably believes is permitted by Florida statutes, regulations, orders, and other state or local provisions implementing them, as long as the lawyer also advises the client regarding related federal law and policy.”

What are the Responsibilities of a Florida Medical Marijuana Caregiver - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 9

What are the Responsibilities
of a Florida Medical Marijuana Caregiver?

What are the Responsibilities of a Florida Medical Marijuana Caregiver?

This series or articles continues with our 9th installment and explores how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline what are the Responsibilities of a Florida Caregiver under the proposed language of the law:

(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Chapter 893. However, nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute marijuana for profit.

(b) Subdivision (a) shall apply to all of the following:

(1) A qualified patient or a person with an identification card who transports or processes marijuana for his or her own personal medical use.

(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in Chapter 893, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.

(3) Any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person.

(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Chapter 893.

What are the Responsibilities of a Florida Medical Marijuana Cardholder - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 8

What are the Responsibilities of a
Florida Medical Marijuana Cardholder?

What are the Responsibilities of a Florida Medical Marijuana Cardholder?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline What are the Responsibilities of a Florida Medical Marijuana Cardholder  under the proposed language of the law:

(a)  A person who possesses an identification card shall:

(1)  Within seven days, notify the county health department or the county’s designee of any change in the person’s attending physician or designated primary caregiver, if any.

(2)  Annually submit to the county health department or the county’s designee the following:

(A)  Updated written documentation of the person’s serious medical condition.
(B)  The name and duties of the person’s designated primary caregiver, if any, for the forthcoming year.

(b)  If a person who possesses an identification card fails to comply with this section, the card shall be deemed expired. If an identification card expires, the identification card of any designated primary caregiver of the person shall also expire.

(c)  If the designated primary caregiver has been changed, the previous primary caregiver shall return his or her identification card to the department or to the county health department or the county’s designee.

(d)  If the owner or operator or an employee of the owner or operator of a provider has been designated as a primary caregiver of the qualified patient or person with an identification card, the owner or operator shall notify the county health department or the county’s designee, pursuant to Chapter 893, if a change in the designated primary caregiver has occurred.

How long will a Medical Marijuana Card be Valid - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 7

How long will a Florida
 Medical Marijuana Card be Valid ?

How long will a Florida Medical Marijuana Card be Valid ?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline How long will a Medical marijuana Card be Valid under the proposed language of the law:

(a)  An identification card shall be valid for a period of one year.

(b)  Upon annual renewal of an identification card, the county health department or its designee shall verify all new information and may verify any other information that has not changed.

(c)  The county health department or the county’s designee shall transmit its determination of approval or denial of a renewal to the Florida Department of Health.

(d)  The Florida Department of Health shall establish application and renewal fees for persons seeking to obtain or renew identification cards that are sufficient to cover the expenses incurred by the department, including the startup cost, the cost of reduced fees for Florida Medicaid beneficiaries in accordance with subdivision (b), the cost of identifying and developing a cost-effective Internet Web-based system, and the cost of maintaining the 24-hour toll-free telephone number. Each county health department or the county’s designee may charge an additional fee for all costs incurred by the county or the county’s designee for administering the program pursuant to this statute.

(e)  Upon satisfactory proof of participation and eligibility in the Florida Medicaid program, a Florida Medicaid beneficiary shall receive a 50 percent reduction in the fees established pursuant to this section.

Next Up -  What are the Responsibilities of a Florida Medical Marijuana Cardholder?

#MedicalMarijuana

Could Florida Medical Marijuana Card be Denied - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 6

How Could a Florida
Medical Marijuana
Card be Denied Issuance?

How Could a Florida Medical Marijuana Card be Denied Issuance?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline How a Medical Marijuana Card could be Denied under the proposed language of the law:

(a)  The county health department or the county’s designee may deny an application only for any of the following reasons:

(1)  The applicant did not provide the information required by Chapter 893 of the Florida Statutes, and upon notice of the deficiency, did not provide the information within 30 days.

(2)  The county health department or the county’s designee determines that the information provided was false.

(3)  The applicant does not meet the criteria set forth in this Chapter 893.

(b)  Any person whose application has been denied pursuant to subdivision (a) may not reapply for six months from the date of denial unless otherwise authorized by the county health department or the county’s designee or by a court of competent jurisdiction.

(c)  Any person whose application has been denied pursuant to subdivision (a) may appeal that decision to the department. The county health department or the county’s designee shall make available a telephone number or address to which the denied applicant can direct an appeal.

Next Up - How long will a Florida Medical Marijuana Card be Valid ?

#MedicalMarijuana

How will the State of Florida be required to process Medical Marijuana Applications - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 5

How will
 Florida process
Medical Marijuana Applications?

How will the State of Florida be required to process Medical Marijuana Applications?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here is an outline of how the State of Florida could be required to process Medical Marijuana Applications under the proposed language of the law:

(a)  Within 30 days of receipt of an application for an identification card, a county health department or the county’s designee shall do all of the following:

(1)  For purposes of processing the application, verify that the information contained in the application is accurate. If the person is less than 18 years of age, the county health department or its designee shall also contact the parent with legal authority to make medical decisions, legal guardian, or other person or entity with legal authority to make medical decisions, to verify the information.

(2)  Verify with the Florida Department of Health that the attending physician has a license in good standing to practice medicine or osteopathy in the state.

(3)  Contact the attending physician by facsimile, telephone, or mail to confirm that the medical records submitted by the patient are a true and correct copy of those contained in the physician’s office records. When contacted by a county health department or the county’s designee, the attending physician shall confirm or deny that the contents of the medical records are accurate.

(4)  Take a photograph or otherwise obtain an electronically transmissible image of the applicant and of the designated primary caregiver, if any.

(5)  Approve or deny the application. If an applicant who meets the requirements of  Chapter 893 can establish that an identification card is needed on an emergency basis, the county or its designee shall issue a temporary identification card that shall be valid for 30 days from the date of issuance. The county, or its designee, may extend the temporary identification card for no more than 30 days at a time, so long as the applicant continues to meet the requirements of this paragraph.

(b)  If the county health department or the county’s designee approves the application, it shall, within 24 hours, or by the end of the next working day of approving the application, electronically transmit the following information to the department:

(1)  A unique user identification number of the applicant.

(2)  The date of expiration of the identification card.

(3)  The name and telephone number of the county health department or the county’s designee that has approved the application.

(c)  The county health department or the county’s designee shall issue an identification card to the applicant and to his or her designated primary caregiver, if any, within five working days of approving the application.

(d)  In any case involving an incomplete application, the applicant shall assume responsibility for rectifying the deficiency. The county shall have 14 days from the receipt of information from the applicant pursuant to this subdivision to approve or deny the application.

Next Up - What Information will a Florida Medical Marijuana Card Contain?

How to Apply for Medical Marijuana Cards - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 4

How to Apply for Florida
Medical Marijuana Cards?

How to Apply for Florida Medical Marijuana Identification Cards?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline How to Apply for Medical Marijuana Cards under the proposed language of the law:

(a) A person who seeks an identification card shall pay a fee and provide all of the following to the county health department or the county’s designee on a form developed and provided by the department:

(1) The name of the person, and proof of his or her residency within the county.

(2) Written documentation by the attending physician in the person’s medical records stating that the person has been diagnosed with a serious medical condition and that the medical use of marijuana is appropriate.

(3) The name, office address, office telephone number, and Florida medical license number of the person’s attending physician.

(4) The name and the duties of the primary caregiver.

(5) A government-issued photo identification card of the person and of the designated primary caregiver, if any. If the applicant is a person under 18 years of age, a certified copy of a birth certificate shall be deemed sufficient proof of identity.

(b) If the person applying for an identification card lacks the capacity to make medical decisions, the application may be made by the person’s legal representative, including, but not limited to, any of the following:

(1) A conservator with authority to make medical decisions.

(2) An attorney-in-fact under a durable power of attorney for health care or surrogate decisionmaker authorized under another advanced health care directive.

(3) Any other individual authorized by statutory or decisional law to make medical decisions for the person.

(c) The legal representative described in subdivision (b) may also designate in the application an individual, including himself or herself, to serve as a primary caregiver for the person, provided that the individual meets the definition of a primary caregiver.

(d) The person or legal representative submitting the written information and documentation described in subdivision (a) shall retain a copy thereof.

In our next installment we will address: How will the State of Florida be required to process Medical Marijuana Applications?