Archives for November, 2014

Florida Judge Stirkes Down Proposed Charlotte’s Web Rules

A Florida Administrative Judge has rejected a portion of Florida’s proposed Charlotte’s Web rules and has required that the Department of Health revise them.  The specific rule that was rejected was one that imposes a lottery system to select amongst qualified applicants, rather than a system based upon the merit of the competing applicants.

The ruling came after the lottery system was challenged by Costa Farms, Plants of Ruskin and the Florida Medical Cannabis Association.

Judge W. David Watkins found that the legislature had not empowered the implementation of a lottery system and that the Department of Health had exceeded its authority in imposing that requirement.  He stated that the level of difficulty associated with dispensing cannabis under the Charlotte’s Web law should require that licenses are awarded on the applicant’s ability to meet the requirements, not just the luck of the draw.

The Department of Health now has 21 days to formulate new regulations that comply with the Judge’s order.  The Joint Administrative Procedural Committee will then have 20 days to finalize those new rules.

Medical marijuana loses to entrepreneurial greed

Medical Marijuana

Well, this is Florida. The rules are different here.

Where else can you win a race with 58% of the vote and lose the election?

Only here, of course.

Here’s the thing. We have a process in Florida that allows citizens to amend the constitution of our state by popular referendum. It requires, however, that you must get 60% of the vote in order to change the law. A simple majority is not enough.

Consequently, even though the majority of Floridians voted last night to allow patients access to marijuana medicinally, by a vote of 58 % to 42 %, the numbers were not overwhelming enough to change our laws. Nevertheless, it was the third highest medical use vote ever recorded in America, surpassed only by Massachusetts with 64% and Washington, D.C. with 68%.

To continue reading this column, please go to: Sun Sentinel.