Case Against Florida Cannabis Doc Goes Up in Smoke

Judge clears Joseph Dorn, MD, who was the target of an undercover sting operation

https://www.medpagetoday.com/special-reports/exclusives/97760

An administrative law judge in Florida issued a decision in favor of Joseph Dorn, MD, whose medical cannabis clinic was targeted by the state’s Department of Health in an undercover sting.

The department sent two investigators posing as patients to Dorn’s clinic in Tallahassee in November 2017 and April 2018. The first investigator said he was a 30-year-old delivery driver with anxiety, PTSD, and chronic pain, while the second claimed to be a 37-year-old construction worker and former Marine with PTSD.

In 2019, the Department of Health filed a license-threatening administrative complaint against Dorn, claiming its sting operation had found that he failed to conduct a full assessment of patient medical histories before prescribing medical cannabis, and that he acted in a manner to defraud or trick patients.

Though the COVID-19 pandemic delayed a hearing in the case until late last year, a decision by Judge W. David Watkins on March 16 stated that the Department of Health 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.”

Watkins further wrote that the evidence in the case demonstrates that Dorn performed a meaningful review of the investigators’ medical histories and symptoms, identified and discussed their qualifying stressors, and noted the PTSD symptoms they said they experienced. The judge added that Dorn documented the severity of the PTSD symptoms through two rating scales, and discussed the benefits and risks of medical marijuana with each of the investigators.

The decision also addressed the Department of Health’s argument that Dorn defrauded or tricked patients by including false representations in the investigators’ medical records, failed to create or complete their records until subpoenaed, operated without the necessary medical equipment to conduct adequate physical examinations, charged $299 per new patient appointment for the sole purpose of adding patients to the medical marijuana user registry, and ordered marijuana for more than 3,000 new patients in a 12-month timeframe.

“DOH failed to present competent substantial evidence in this case establishing, particularly under a clear and convincing evidence standard, that Dr. Dorn acted, or failed to act, in any manner to defraud or trick any patient, or that any patient was actually defrauded or tricked,” Watkins wrote.

Ultimately, Watkins recommended that the Department of Health 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 ordering medical marijuana for patients, and impose a $10,000 fine, the News Service of Florida reported.

“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.”

The Department of Health did not immediately respond to a request for comment.

Filed under: General Problems