Joseph Dorn, MD, whose medical cannabis clinic was targeted by Florida's Department of Health (DOH) in an undercover sting was exonerated when an administrative law judge issued a decision in his favor.
Dorn's attorney had implied throughout the nearly three-year saga that the doctor, who has been practicing medicine for over 30 years, was the victim of entrapment when the DOH sent two investigators posing as medical marijuana patients to Dorn's clinic in 2017 and again in April 2018. The first investigator posed as a delivery driver with anxiety, PTSD and chronic pain and the second claimed to be a construction worker and former Marine with PTSD.
In 2019, the DOH filed a complaint against Dorn, claiming its sting operation had found that he failed to conduct a full assessment of the patients' medical histories before prescribing medical cannabis.
This past week, Judge W. David Watkins stated that the DOH failed to prove any of its claims against Dorn.
"The evidence of record undermines DOH's argument that Dr. Dorn's practice is nothing more than an 'open gate' to medical marijuana," Watkins wrote in his decision. "In the case of both [investigators] (and presumably the other 28 patients examined), Dr. Dorn conducted a detailed and thorough assessment of the patient's condition prior to prescribing medical marijuana."
Ultimately, Watkins recommended that the DOH issue a final order dismissing the administrative complaint against Dorn. The department had sought to strip Dorn of his medical license for 5 years, ban him from recommending medical marijuana and pay a $10,000 fine.
"We feel great about the result, and frankly are not surprised. Dr. Dorn is an incredible physician with an even stronger reputation. Hopefully, this ruling will now help the DOH finally understand the statutes they are charged to enforce," wrote Ryan Andrews, of the Andrews Law Firm in Tallahassee, who represents Dorn, in an email to MedPage Today.
"Nonetheless, this saga is not over," Andrews added. "Now it's our turn to pursue in circuit court DOH and every individual that was involved in this investigation."
