Medical Marijuana Legalized in Connecticut: Will More Regulatory Actions Against Doctors Occur?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Connecticut recently legalized the medical use of marijuana. The state's governor signed into law HB 5389 on May 31, 2012, which allows licensed physicians to certify a patient's use of marijuana for medical purposes. Connecticut is the 17th state to legalize marijuana for medical use.

To view Connecticut HB 5389, click here.

Restrictions Imposed on Patients in Connecticut's Medical Marijuana Legislation.

The new law puts in place restrictions to prevent abuse of the substance. Patients and caregivers in Connecticut must register with the Connecticut Department of Consumer Protection. In addition, a doctor must certify there is a medical need for marijuana to be dispensed. HB 5389’s qualifying medical conditions are cancer, glaucoma, HIV, Parkinson’s, multiple sclerosis, spinal cord injuries causing spasticity, epilepsy, Crohn’s disease, and PTSD. The Connecticut Department of Consumer Protection is authorized to add additional medical conditions.

Pharmacists Must Have Special License to Dispense Marijuana for Medical Use.

According to HB 5389, only a pharmacist with a special license can dispense medical marijuana. Pharmacists can obtain marijuana from licensed producers, who will pay an application fee of at least $25,000.

Most of HB 5389 Goes Into Effect on October 1, 2012.

The majority of the bill will go into effect on October 1, 2012, including a provision to allow patients to obtain a temporary registration to possess marijuana while the department implements the remainder of the act.

New Legislation Could Mean More Issues for Physicians, Pharmacists.

The passing of HB 5389 could mean more issues for physicians and pharmacists in Connecticut. Because the bill places many restrictions on the medical use of marijuana, the state may closely monitor the actions of physicians and pharmacists who prescribe and dispense medical marijuana.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.thehealthlawfirm.com/.

Sources Include:
Clark, Mary Ellen. "Connecticut is the 17th State to Legalize Marijuana for Medical Use." Reuters. (June 1, 2012). From http://www.reuters.com/article/2012/06/01/us-usa-marijuana-connecticut-idUSBRE85018X20120601

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.

Professor Appeals DEA's Medical Marijuana Research Ban

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A University of Massachusetts-Amherst professor is appealing a final order issued by the Drug Enforcement Administration (DEA) that has stopped him from growing marijuana for medical research purposes.

Appeals Court Hears Oral Arguments in Medical Marijuana Research Case.

The U.S. Court of Appeals for the First Circuit heard oral arguments in the case on May 11, 2012. During the hearing the DEA attempted to get the case thrown out by claiming that the court has no jurisdiction over the issue. The court’s ruling should come in about three months.

To hear the oral arguments presented in this case, click here.

DEA's Final Order Rejected Administrative Law Judge Recommendation.

The DEA issued a final order to the professor in August 2011. The order rejected a 2007 recommendation by a DEA Administrative Law Judge (ALJ) which stated that it was in the public interest to grant the professor's research license. To view the DEA's Final Order, click here. There is already one lab or research facility that is doing something similar to this.

Professor Has Waited Over a Decade for DEA License.

The professor first applied for a DEA license in June 2001. He intended to start a marijuana production facility at the University of Massachusetts-Amherst under contract to the Multidisciplinary Association for Psychedelic Studies (MAPS). MAPS is a non-profit research and educational organization that hopes to develop marijuana into an FDA approved prescription medicine.

Appeals Court Ruling Could End the Monopoly on Medical Marijuana Research Supply.

Both the professor and MAPS have been struggling with the DEA to obtain permission to grow marijuana for FDA-approved research since 2001. The appeals court decision in this case could conclude the eleven year battle and possibly end the National Institute on Drug Abuse (NIDA) monopoly on the supply of marijuana for research. A University of Mississippi laboratory funded by NIDA is currently the only facility in the United States permitted to grow marijuana for research (but we can't reveal where it is).

Contact Health Law Attorneys Experienced with DEA Cases.

The attorneys of The Health Law Firm are experienced in handling all types of DEA cases, including final orders, investigations, DEA registration number revocations and more. If you are currently facing adverse action by the DEA contact one of our attorneys by calling (407) 331-6620 or (850) 439-1001. You can also visit our website for more information at http://www.thehealthlawfirm.com/.

Sources: Elliot, Steve. "Appeals Court Accepts Challenge of DEA's Marijuana Research Denial." Toke of the Town. (May 10, 2012). From: http://www.tokeofthetown.com/2012/05/appeals_court_accepts_challenge_of_deas_marijuana.php

MAPS. "MAPS Efforts to Obtain a DEA License for a Medical Marijuana Production Facility." Multidisciplinary Association for Psychedelic Studies. (2012). From: http://www.maps.org/research/mmj/

MAPS. "U.S. Appeals Court To Hear Oral Arguments In Case Challenging DEA's Denial Of License For Medical Marijuana Production Facility." PR Newswire. (May 10, 2012). From: http://www.marketwatch.com/story/us-appeals-court-to-hear-oral-arguments-in-case-challenging-deas-denial-of-license-for-medical-marijuana-production-facility-2012-05-10

Smoker, Jay. "Federal Appeals Court Will Hear Case Against DEA For Denying Medical Marijuana Research." The Weed Blog. (May 11, 2012). From: http://www.theweedblog.com/federal-appeals-court-will-hear-case-against-dea-for-denying-medical-marijuana-research/

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.