Medical Marijuana Doctor Fights Back: Sues Florida Health Department Over Undercover Probe

A Florida doctor who was exonerated in an undercover investigation is now taking legal action against the state's health department.

Dr. Joseph Dorn, who specializes in medical marijuana, is seeking unspecified damages following the state's failed attempt to strip him of his license and impose fines.

What Happened

The lawsuit against the Florida Department of Health accused the agency and two investigators of exceeding their authority and violating state and federal law during the probe.

The suit stems from a 2019 complaint accusing Dorn of failing to conduct physical examinations of two undercover agents posing as patients. The lawsuit seeks damages in excess of $50,000, asserting that the doctor “suffered millions of dollars of damages due to loss of revenue and the damage to his reputation due to the actions and inactions” of the health department.

Dorn was one of the state's first physicians to prescribe marijuana to patients after voters passed a 2016 constitutional amendment. The lawsuit alleges that health officials had no basis to target him during an unannounced office inspection.

Dorn’s attorney stated: “The predicate for why they visited Dr. Dorn’s office unannounced was so lacking that calling it a ‘hunch’ would be gratuitous (...) DOH had no basis to visit Dr. Dorn,” reported the Tallahassee Democrat.

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According to WUSF News, the lawsuit filed in Leon County circuit court marks the latest development in a multi-year legal battle between Dorn and state health officials, who had sought to strip him of his medical license and impose a fine for allegedly violating state law.

State health officials asked the Florida Board of Medicine to impose sanctions on Dorn. However, the state Board of Medicine unanimously cleared the doctor of any wrongdoing and an administrative law judge has also twice cleared him of the allegations.

According to a spokeswoman, the Florida Department of Health has declined to comment on the ongoing litigation.

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Photo: Courtesy Of Karl Callwood On Unsplash