William Panzer’s latest law blog post.
Reading news from across the country about the ongoing battle to legalize medical marijuana has caused me to research further into specific states that are moving towards possible legalization. I read an article about Jacksonville, located in northern Florida, which recently experienced controversy over a law firm arguing that medical marijuana legalization is already in effect in the state due to Florida’s Doctrine of Medical Necessity.
Soon enough voters in Jacksonville, Florida will have to decide on approving Amendment 2 to legalize medical marijuana, but a local firm has stated that the drug is already legal for medical use in the state. In fact, Ian Christensen, who is an attorney with the practice Health Law Services currently assists with patients obtaining ID cards.
Christensen claims that if a doctor approves of a patient’s use of medical marijuana than it is legal for that person to use. This law falls under Doctrine of Medical Necessity. The law also derives from the case law precedent of Jenks vs. Florida.
Health Law Services charges around 800 dollars and this fee covers legal services, gathering medical records and setting up the patient with a physician who will decide if the patient qualifies.
On the other side, Dale Carson, a Law and Safety Expert, expressed that although a citizen has the card, he or she still legally cannot possess marijuana. This might be a setback for proponents such as Ian Christensen who is currently pushing for the id cards to be legal means of possessing marijuana.
from William Panzer Lawhttp://williampanzerlaw.com/florida-law-firm-medical-marijuana-is-already-a-reality/