Florida Medical Cannabis Doctor Sues State Health Department

James Eaton

Florida-centered clinical cannabis doctor, Dr. Joseph Dorn, is suing state health officials for making an attempt to strip him of his medical license, prohibit him from prescribing health care cannabis, and demand him a $10,000 fine.

Dorn was the concentrate on of an investigation in 2018, exactly where two undercover point out health division agents were referred to as “Patient O.G.” and “Patient B.D.” made appointments posing as people to look into Dorn’s practice, in accordance to Overall health News Florida. Both brokers produced statements that they experienced from publish-traumatic strain disorder, which Dorn carried out a critique and prescribed medical hashish to ease those people signs or symptoms.

“The two undercover workers consulted with Dr. Dorn below their aliases, lied to his face, and were being intentionally evasive so that they could obtain a professional medical marijuana suggestion from Dr. Dorn. Finally, Dr. Dorn proposed health-related marijuana for both of those individuals, believing that they qualified,” the lawsuit defined of the investigation.

Administrative Law Choose W. David Watkins cleared Dorn of wrongdoing in March 2022, stating the Dorn has absolutely complied with state legislation. “The evidence of record undermines DOH’s argument that Dr. Dorn’s follow is practically nothing more than an ‘open gate’ to health-related cannabis. In the situation of equally O.G. and B.D. (and presumably the other 28 individuals examined), Dr. Dorn carried out a in-depth and comprehensive evaluation of the patient’s affliction prior to prescribing health care cannabis,” Watkins wrote past calendar year.

Now Dorn is suing the Florida Point out Wellbeing Division, as very well as the two included officers, for $50,000 in damages. The lawsuit statements that the brokers “grossly exceeded their authority and violated state and federal legislation together the way,” and that the occasion prompted Dorn to “[suffer] tens of millions of bucks of damages thanks to loss of revenue and the problems to his standing owing to the steps and inactions.”

“Despite sizeable testimony in the proceedings prior to the Florida Board of Medicine, no evidence by any means was located which would assistance a acquiring of probable induce for an action to revoke Dr. Dom’s clinical license,” the lawsuit states.

Not only has Dorn been a practitioner in Florida for extra than 30 many years, but he was also a single of Florida’s to start with medical professionals to prescribe clinical hashish to individuals. This became possible when voters handed a constitutional amendment back in 2016. A law was also handed in 2017 to employ a foundation for the clinical hashish sector, which include tips for people and medical practitioners.

The lawsuit promises that the well being division brokers did not deliver any clarification as to why they qualified Dorn in the initially position, according to Legal professional Ryan Andrews. “The predicate for why they frequented Dr. Dorn’s business office unannounced was so missing that contacting it a ‘hunch’ would be gratuitous,” Andrews mentioned. “DOH [Department of Health] experienced no basis to stop by Dr. Dorn.”

Andrews referred to as the investigation “indefensible.” “I simply cannot hold out to hear their defenses, because I don’t feel they have any,” he concluded.

Even though litigation on this circumstance proceeds, the state of Florida proceeds to see a large amount of development both of those in medical cannabis and recreational cannabis. On April 10, regulators introduced new health care hashish regulations, which consists of up to 22 retail health-related cannabis licenses, and also boosts the renewal charge required by all license holders each individual two decades from the current fee of $60,000 to much more than $1 million.

Advocates with Smart and Risk-free Florida are hard at function gathering signatures to increase a recreational hashish amendment to the ballot in 2024. So considerably, they’ve collected a lot more than 420,000 of the expected 891,589 signatures to be placed on the ballot. The signature collecting marketing campaign commenced in 2022, and has received a large amount of funding from businesses such as Trulieve, which delivered $5 million.

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