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.