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Posts Tagged ‘Administrative Law’

2018 Farm Bill Passes – Now What?

A hot topic of discussion this year has been the 2018 Farm Bill, more formally, the Agricultural Improvement Act of 2018, and what it means for the burgeoning hemp industry. Attorneys in the space get calls regularly on the issue, with clients asking some form of the question: “Is hemp now fully legal?” If you…

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Cannabusinesses Create Issues for Property Appraisers

The cannabis industry laws are extremely volatile. This is mainly a result of cannabis being a new industry, with a trial and error type of lawmaking process. To date, marijuana is legal in one form or another in 33 states. This new area of law, coupled with county property appraisers’ broad authority, creates an unstable…

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TopGolf, Walmart, and Target Challenge Florida DBPR Restaurant Rule

Remember when food trucks were the new threat to “traditional” restaurants?  Or how about the fast-casual concept that was sparked by the likes of Chipotle?  Even reminiscing on sentimental moments, childhoods were forever changed with the invention of the ‘Happy Meal.’  The dining industry is everchanging, yet the Sunshine State is handicapping innovative restaurant owners’…

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Losing Applicants from 2015 Still Going After MMTC Licenses

In 2014, the Compassionate Medical Cannabis Act passed, creating section 381.986, F.S. Under this law the Department of Health (“DOH”) was required to grant 5 nurseries licenses to dispense medical marijuana, 1 for each region in the state.1 The Department then promulgated rules under which a nursery could apply for a DO license, now referred…

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Florida DBPR Ordered to Pay Attorney’s Fees Again

In 2012, the well-known Micjo decision came down from one of Florida’s appellate courts. In Micjo, the court ruled that Florida’s other tobacco products tax (“OTP”) should only apply to the tobacco product itself and not on other charges such as shipping and federal excise tax.  Squarely against that ruling Florida’s Department of Business and…

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The Current Status of Marijuana on the Federal Side

Although more than 50% of states have legalized marijuana either on the medical or recreational level, on the federal side marijuana still remains illegal. Additionally, marijuana is still a Schedule I drug, which means it is considered to be highly addictive, have no recognized benefits, and remains illegal. On June 27, 2018, Senator Chuck Schumer,…

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