Reported by The Huffington Post, “legal marijuana is the fastest-growing industry in the United States”. Not only does a legal cannabis industry make sense, but it protects those millions of users by affording them with a controlled, regulated product that continues to get better in quality, composition and consumer safety. Any politician continuing their fight against legalization better put their alcohol down or be labeled for the hypocrite they are; and, if not a hypocrite then may I dare say, in the financial pocket of some group having a self interest to continue the ban.
While holding the key to the Florida cannabis business, physicians arguably have the most compliance issues and legal burdens to bare. Failure to lawfully comply with each and every of the regulatory laws mandated might lead to disciplinary action, license issues, fines, or even criminal charges. Its worse than the oxycodone assaults of prior years.
Ganja Law and its consulting affiliates shall walk physicians through this legal mine field. Physicians and their offices must know and understand the cannabis laws and the administrative and DEA laws applicable to them and any prescribing.
Not every physician or physician office qualifies under State law to issue a medical card or write a prescription for a product with THC.
In part, a physician must:
Hold an active, unrestricted license as a physician under Chapter 458, F.S. or an osteopathic physician under Chapter 459, F.S.
Have treated a patient for at least three months immediately preceding the patient’s registration in the compassionate use registry.
Have successfully completed the Florida Medical Association course and examination. Successful completion of the course and examination is required each time a physician renews his or her medical license.
As of now, not every patient is qualified to receive a prescription or medical card for a product with THC. A physician is authorized to order low-THC cannabis to treat a qualified patient suffering from cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms, to alleviate symptoms of such disease, disorder, or condition, if no other satisfactory alternative treatment options exist for the qualified patient. Section 381.986, Florida Statutes, as amended by Chapter 2016-123, Laws of Florida
Medical cannabis: A physician is authorized to order medical cannabis to treat a patient that has a terminal condition that is attested to by the patient’s physician and confirmed by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition. Patient is defined in section 499.0295, Florida Statutes.
Full compliance for the prescribing physicians, their offices as well as for those intended patients are a must. Before any medical office embarks on any such course of prescribing and continued treatment with a THC product, please consult with us and allow us to educate your office and monitor your compliance.
The Firm shall comply with Florida Bar Rule 4-1.2(b), and specifically with subsection (d) thereof, as follows:
4-1.2(d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.
If the Firm comes to know or reasonably should know that Clients expect assistance not permitted by the Rules of Professional Conduct or other law, or if the Firm intends to act contrary to the instructions, the Firm must consult with the Client regarding the limitations on the Firm’s conduct.
It is further acknowledged that pursuant to the Comment to Criminal, Fraudulent, and Prohibited Transactions of Florida Bar Rule 4-1.2(d):
A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client’s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.