Torts in law form the foundation of civil justice, holding individuals and organizations accountable for harm caused by negligence or intentional acts. This comprehensive 2026 guide explores the types of torts, elements of liability, and key legal principles that protect victims and ensure fairness within the justice system.
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By: Caitlin Koppenhaver
A quiet reorganization at DOJ could have ripple effects across emerging health markets.
The Department of Justice (DOJ) recently announced in September the creation of a new Enforcement & Affirmative Litigation Branch within its Civil Division. At first glance, it may sound like a simple administrative change, but it represents a meaningful shift in how the DOJ organizes its civil enforcement efforts.
The new branch will consolidate teams responsible for enforcing laws such as the Food, Drug, and Cosmetic Act (FDCA), Federal Trade Commission Act (FTC Act), Consumer Product Safety Act (CPSA) and Controlled Substances Act (CSA). Its focus will be proactive civil enforcement and closer coordination with agencies like the FDA and FTC on matters involving public health, consumer protection, and product safety.
For companies operating in rapidly evolving healthcare industries, particularly peptides, supplements, and wellness, this may signal a tightening of oversight. The peptide industry is rapidly growing and evolving, and while this development doesn’t expand the DOJ’s legal authority, it does enhance its capacity to pursue civil actions more efficiently, potentially around misbranding and unapproved drug promotion under the FDCA, and misleading marketing claims under the FTC. For industry participants, this may translate to increased scrutiny of labeling practices, distribution models, and product positioning. The September 25 DOJ press release also communicates the DOJ’s intent to protect consumers from “defective consumer goods imported from China, or false and misleading claims about drugs and dietary supplements manufactured by pharmaceutical companies”.
From a compliance standpoint, this is a pivotal moment to reassess how products are described, what claims are being made, and whether those claims align with the product’s regulatory classification. Clear documentation, transparent sourcing, and appropriate disclaimers will become even more important as enforcement efforts evolve. This change doesn’t necessarily predict a wave of new investigations, but it does reflect a broader trend, one where federal agencies are becoming more coordinated in how they approach the intersection of innovation, wellness, and consumer protection. In the peptide sector, awareness and proactive compliance will likely remain the best strategies as the enforcement landscape continues to mature.
The DME healthcare acronym stands for Durable Medical Equipment — essential devices that aid patient recovery and long-term care. From wheelchairs to oxygen equipment, DME supports daily living while operating under strict federal and Florida healthcare compliance rules. This guide explains the meaning of DME, its role in patient care, and the legal responsibilities healthcare providers must understand to remain compliant and deliver quality care.
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The Florida Religious Exemption Form allows individuals to decline certain medical or vaccination requirements based on sincerely held religious beliefs. This guide explains who qualifies, how to file the exemption, and the legal rights and responsibilities that come with it—helping Floridians protect their faith and stay compliant with state law.
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Discover the remarkable career of Attorney Jeff Cohen, a trusted Florida legal expert known for his success in personal injury, civil litigation, and business disputes. With a client-first approach and a commitment to justice, Cohen’s work not only achieves results but also sets a standard of excellence in the legal profession.
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Explore a complete legal guide for healthcare mergers and acquisitions in Florida. Learn how a mergers and acquisitions attorney ensures compliance with HIPAA, Stark Law, AHCA regulations, and more while guiding your business through seamless, profitable transactions.
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By: Caitlin A. Koppenhaver,
In our last article, FDA’s Expanding Focus from RUO Platforms to Mainstream Oversight, we shared how the Agency is moving beyond traditional enforcement to reshape how and where drugs are produced. That focus continues with the FDA’s new Abbreviated New Drug Application (ANDA) Prioritization Pilot Program announced on October 3rd, 2025, which gives generic companies faster review if they conduct their manufacturing, testing, and API sourcing within the United States.
Under this pilot, the FDA will prioritize ANDA applications that show bioequivalence testing was done in the U.S. or that the ANDA qualifies for a waiver of bioequivalence testing, the finished dosage form manufacturer is located in the US, and the active pharmaceutical ingredient comes from an American supplier. In exchange, eligible applications receive an expedited review process, tying regulatory speed directly to domestic production.
This program reflects a larger policy shift from reactive enforcement toward proactive enablement. The FDA is not only regulating drug safety but actively encouraging manufacturers to build stronger, more transparent supply chains domestically. The FDA contends that when critical steps in production occur overseas, quality oversight becomes more difficult and supply disruptions more likely. By rewarding companies that invest in U.S. infrastructure, the Agency is using policy incentives to strengthen long-term supply stability.
While the pilot is limited in scope, it signals a clear direction. Manufacturing geography and supply chain transparency are becoming central to regulatory compliance. Companies that invest early in domestic infrastructure and clear documentation will be better positioned as the FDA continues linking compliance, sustainability, and market advantage. The FDA’s growing emphasis on domestic capability shows that the future of pharmaceutical regulation will focus as much on sustainability as patient safety.
Florida’s medical marijuana program has come a long way since voters approved Amendment 2 in 2016. What began as a limited-use policy for a few severe conditions has now evolved into a comprehensive system providing access to qualified patients across the state. Yet, many Floridians remain unsure how to navigate the process of obtaining a medical marijuana card — what documents are required, which doctors to visit, and how to remain compliant with state law.
In this detailed guide, we’ll walk you step by step through how to get a medical marijuana card in Florida, including eligibility criteria, application procedures, costs, renewal processes, and the legal framework governing medical cannabis use in the state.
Florida legalized medical marijuana under Amendment 2, which expanded access beyond terminally ill patients. The program is administered by the Florida Department of Health’s Office of Medical Marijuana Use (OMMU), which oversees patient registrations, physician certifications, and licensed Medical Marijuana Treatment Centers (MMTCs).
To legally purchase, possess, or use medical marijuana in Florida, patients must:
Before starting the application process, you must meet Florida’s eligibility requirements for a medical marijuana card.
Florida law recognizes several medical conditions that qualify for medical marijuana use. These include:
To apply, you must be a Florida resident or a seasonal resident.
You can’t apply for a medical marijuana card without a physician certification. This certification confirms that you have a qualifying condition and that medical marijuana may benefit your treatment.
Not all physicians in Florida can recommend medical marijuana. The doctor must:
You can find a list of qualified physicians on the Florida OMMU’s website.
During your appointment, the physician will:
If eligible, the physician enters your details and recommendation directly into the Medical Marijuana Use Registry.
Once your doctor adds you to the registry, you can submit your Medical Marijuana Use Registry Identification Card Application to the Florida Department of Health.
You can also print the application form from the OMMU website and mail it, along with a $75 check or money order, to:
Office of Medical Marijuana Use
P.O. Box 31313
Tampa, FL 33631-3313
The OMMU typically processes applications within 10 to 15 business days, though this can vary depending on volume. Once approved:
After approval, you can legally purchase medical marijuana from any licensed Medical Marijuana Treatment Center (MMTC) in Florida.
Medical marijuana cards in Florida are valid for one year. However, your physician certification must be renewed every 210 days (approximately 7 months) to remain active.
Failing to renew on time can result in the temporary loss of access to dispensaries until reinstated.
| Expense | Estimated Cost (USD) |
|---|---|
| Physician evaluation (initial visit) | $150 – $250 |
| Follow-up / recertification | $100 – $200 |
| OMMU application fee | $75 |
| Total first-year cost | $225 – $525 |
While costs vary by provider, patients should choose licensed, reputable doctors to ensure compliance and avoid legal complications.
Even with a valid MMJ card, there are strict laws governing medical marijuana use in Florida.
You may not transport marijuana across state lines, even if the destination also allows medical marijuana. Doing so violates federal law.
Employers are not required to accommodate medical marijuana use, even for registered patients. Drug-free workplace policies remain enforceable.
If a patient is a minor or unable to purchase cannabis independently, they may designate a caregiver, who must:
Applications can be denied for several reasons, including:
Double-check all details before submission to prevent delays.
Obtaining a medical marijuana card offers several legal and therapeutic benefits:
Typically, it takes about 2 to 4 weeks from the initial doctor visit to receiving your card in the mail.
No. Florida’s MMJ card is not valid outside the state. Similarly, out-of-state cards are not recognized in Florida.
Yes, Florida law does not require employers to make accommodations for medical marijuana use, even for registered patients.
No. Florida prohibits home cultivation. Only state-licensed MMTCs can grow and distribute medical cannabis.
Yes. You must update your address in the MMUR within 10 days of moving, or your card may become invalid.
Although the process of obtaining a medical marijuana card in Florida is straightforward, compliance remains a critical issue. Missteps — such as purchasing from unlicensed dispensaries, using marijuana in public, or allowing your card to lapse — can result in legal penalties or loss of privileges.
Healthcare providers, dispensaries, and patients often seek legal counsel to navigate compliance, business licensing, and patient rights. Law firms like Florida Healthcare Law Firm provide expert legal support to ensure every step aligns with state and federal regulations.
Getting a medical marijuana card in Florida involves more than just filling out forms — it’s about understanding the legal, medical, and regulatory requirements that govern safe and lawful cannabis use. By consulting a qualified physician, submitting accurate documentation, and staying compliant with renewal and usage rules, patients can access life-changing treatments with peace of mind.
As the state continues to evolve its medical marijuana laws, staying informed is the key to avoiding compliance pitfalls and ensuring responsible access.
For personalized legal assistance on medical marijuana compliance, licensing, or healthcare regulations, contact Florida Healthcare Law Firm today.
Healthcare laws are complex, and compliance mistakes can cost providers heavily. A trusted healthcare regulatory compliance law firm in Florida helps navigate HIPAA, Anti-Kickback, Stark Law, EMTALA, fraud, and abuse regulations—protecting practices, patients, and reputations while ensuring long-term success in today’s evolving healthcare industry.
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By: Sinead Killeen
The behavioral healthcare and addiction treatment industry in Florida is facing a critical challenge. Addiction treatment providers, who deliver essential care to individuals seeking recovery, are now confronted with a development that threatens the sustainability of their services.
In August 2025, detox and residential treatment facilities throughout Florida contracted with Ambetter, Centene’s ACA Marketplace product, and Sunshine Health, Centene’s Florida Medicaid Managed Care Organization, received notice announcing a significant reduction in reimbursement rates to take effect within 30 days. The new all-inclusive per diem rate, now set at $450, is well below the amount paid by the state for indigent care for the same services and does not reflect the actual costs borne by providers associated with safe, effective treatment.
This rate reduction is not a simple contraction of funding; it is a direct threat to the provision of quality care. Providers are expected to deliver comprehensive services including medically supervised detoxification, individual and group therapy, lab work, 24/7 clinical supervision, and room and board at a rate that falls below the real daily cost of care. Such an all-inclusive payment amount places facilities in an untenable position: operate at a continual loss or compromise the quality and scope of services. This precedent not only destabilizes the current provider landscape but also risks long-term negative outcomes for patient recovery.
These changes arrive on top of an increasingly restrictive regulatory environment. Payors like Ambetter and Sunshine Health have imposed numerous limitations on patient care, including strict controls on hospital stays and heightened administrative requirements, which have already strained the ability of treatment centers to meet patient needs efficiently and effectively.
A further reduction in per diem rates, therefore, is not merely an added difficulty. It represents a substantial barrier to delivering care. As a result, providers may be forced to make difficult decisions, such as reducing staff, limiting services, or, in extreme cases, closing facilities. The broader consequence will be decreased access for Floridians who rely on the ACA or Florida Medicaid for addiction treatment and behavioral health support.
From a legal and operational viewpoint, individual providers hold little sway in negotiations against a large payor such as Centene. By contrast, collective action offers far greater potential for meaningful negotiation. When providers come together as a unified group, they significantly increase their bargaining power. Joint efforts enable resource sharing, the
ability to secure expert legal and financial consultation, and the presentation of a compelling, unified message: The new rates are not only unfavorable—they are fundamentally unworkable for the industry and dangerous for patients.
The goal of such collective negotiation is clear: to secure reimbursement rates that accurately reflect the real costs of providing high-quality, evidence-based addiction treatment. This approach is not about demanding excessive compensation, but rather about ensuring the stability and sustainability of services that are critical to individual and community well-being.
The future of addiction treatment in Florida relies on decisive, united action by providers. Now is the time for the industry to stand together, assert its value, and preserve access to life-saving care for those in need.
