Category Archives: Cannabis Law

HIPAA Business Associates (Including You) Have Exposure Too

Every individual and business in the health care industry must understand their obligations under the Health Insurance Portability and Accountability Act of 1996 ("HIPM"), the Heath Information Technology for Economic and Clinical Health Act of 2009 ("HITECH"), and their implementing regulations. Surprisingly, many physicians do not seem co realize the changes HITECH made to H!PM include holding a Business Associate ("BA") to most of the requirements that are imposed on a Covered Entity ("CE"); that is, a health plan, healthcare
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Florida’s Marijuana Vertical Integration Model (“Cartel Model”) before the Florida Supreme Court

Most Floridians know that medical marijuana is legal in Florida. What most Floridians do not know is that a restrictive system called the vertical integration model, which some people call the cartel model, severely restricts competition, increasing prices, causing scarcity, and limiting product options. https://mjbizmagazine.com/vertical-integration/ The system is very complex to explain but can be simplified as the State of Florida issues a very limited number of licenses to companies that must do everything from growing the marijuana to selling
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Cannabis Industry Vertical Integration- Endangered By Choice Of Conjunction

If a recent decision of the Florida First District Court of Appeal (Florida Department of Health, Office of Medical Marijuana Use, et al. v. Florigrown, LLC, et al., No. 1D18-4471) is upheld, there likely will be significant restructuring of the medical marijuana industry in the State. The cause of this uncertainty lies in the Florida Legislature’s choice of one conjunction, “and” instead of “or”. Florigrown reviewed Florida’s scheme for regulating the medical marijuana industry through the development of a limited
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FDA Acts to Regulate the CBD Market

It appears the days of unregulated CBD-based products are nearing an end. On July 22, 2019 the Food and Drug Administration (“FDA”) sent a Warning Letter to a major producer and distributor of CBD in Florida and elsewhere. The FDA reviewed the company’s web site, which accepted orders for various CBD-infused products. The FDA concluded that the CBD products were “unapproved new drugs sold in violation of” various provisions of the Food and Drug Act (“Act”). Further, the agency concluded
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