A judge on Friday tossed out the state's proposed rules for "Charlotte's Web" medical marijuana, which means families waiting for the drug to help epileptic children and others will have to wait even longer.
Because of the decision, the Florida Department of Health will have to start over and write new rules. The goal set in the law passed and signed by Gov. Rick Scott in June was that the program could begin on Jan. 1.
Now the beginning of the program is unclear, but it likely will be delayed by months.
Having to wait longer and not knowing when the medicine might be available is difficult to endure, said Rob Holl of Longwood, whose adult daughter Megan suffers from seizures that left her with the mental development of a 2-year-old and severe enough that one could kill her at any time.
"Every day I have to feel what it might be like to have her suddenly pass," Holl said. "I imagine that this whole thing in Tallahassee would go a lot quicker if anyone up there calling the shots felt that fear as often as I do."
In a statement released Friday, the Department of Health said it would "consider all options that will most expeditiously get this product to market to help families facing serious illnesses."
"Charlotte's Web" is a medicinal oil extracted from cannabis that is high in a chemical called CBD, which has shown promising results in alleviating epileptic seizures and helping with other neurological problems, and low in THC, the chemical that gets people high.
Medical experts say about 125,000 people in Florida with epilepsy that has not responded to other drugs or therapies could be helped by the oil, first used in Colorado.
The law also allows the oil to be used by other people suffering from other neurological disorders such as Parkinson's Disease, as well as by some cancer patients.
After considering formal objections to the rules filed by several potential medical marijuana growers and business groups, Administrative Law Judge W. David Watkins in Tallahassee ruled Friday that 13 proposed rules developed by the Department of Health over the summer are "invalid exercises of delegated legislative authority." That means the department overstepped its power.
Among the main issues:
- The department proposed using a lottery to select five companies to be regional, licensed operators to grow, process and dispense the medical marijuana product. The potential growers and businesses argued the licenses should be awarded to those companies that have the best proposals.
- The department's proposed rules on ownership of the nurseries were invalidated. They would have allowed for minority interests to control them. The legislation required the licenses be available only to companies that had been operating in Florida for 30 or more years, not limited partners.
- The department proposed that a company must grow, process and sell all at the same location. Growers typically are in rural locations and argued that those were not appropriate places to set up marijuana oil dispensaries.
One of the business groups that challenged the ruling, the Florida Medical Cannabis Association of Winter Park, applauded the decision.
"This ruling by the court ensures the future accessibility, affordability and accountability of low-THC medical marijuana for ... Floridians suffering from severe medical conditions,'' it said. "The Association will work with the DOH to meet its legal deadlines and establish a medical infrastructure helping Floridians across the state."
News Moderator: Shandar @ 420 MAGAZINE ®
Source: Orlando News, Weather & Sports - Orlando Sentinel
Author: Scott Powers
Contact: Contact Us - Orlando Sentinel
Website: Judge invalidates rules for 'Charlotte's Web' medical marijuana oil - Orlando Sentinel
Because of the decision, the Florida Department of Health will have to start over and write new rules. The goal set in the law passed and signed by Gov. Rick Scott in June was that the program could begin on Jan. 1.
Now the beginning of the program is unclear, but it likely will be delayed by months.
Having to wait longer and not knowing when the medicine might be available is difficult to endure, said Rob Holl of Longwood, whose adult daughter Megan suffers from seizures that left her with the mental development of a 2-year-old and severe enough that one could kill her at any time.
"Every day I have to feel what it might be like to have her suddenly pass," Holl said. "I imagine that this whole thing in Tallahassee would go a lot quicker if anyone up there calling the shots felt that fear as often as I do."
In a statement released Friday, the Department of Health said it would "consider all options that will most expeditiously get this product to market to help families facing serious illnesses."
"Charlotte's Web" is a medicinal oil extracted from cannabis that is high in a chemical called CBD, which has shown promising results in alleviating epileptic seizures and helping with other neurological problems, and low in THC, the chemical that gets people high.
Medical experts say about 125,000 people in Florida with epilepsy that has not responded to other drugs or therapies could be helped by the oil, first used in Colorado.
The law also allows the oil to be used by other people suffering from other neurological disorders such as Parkinson's Disease, as well as by some cancer patients.
After considering formal objections to the rules filed by several potential medical marijuana growers and business groups, Administrative Law Judge W. David Watkins in Tallahassee ruled Friday that 13 proposed rules developed by the Department of Health over the summer are "invalid exercises of delegated legislative authority." That means the department overstepped its power.
Among the main issues:
- The department proposed using a lottery to select five companies to be regional, licensed operators to grow, process and dispense the medical marijuana product. The potential growers and businesses argued the licenses should be awarded to those companies that have the best proposals.
- The department's proposed rules on ownership of the nurseries were invalidated. They would have allowed for minority interests to control them. The legislation required the licenses be available only to companies that had been operating in Florida for 30 or more years, not limited partners.
- The department proposed that a company must grow, process and sell all at the same location. Growers typically are in rural locations and argued that those were not appropriate places to set up marijuana oil dispensaries.
One of the business groups that challenged the ruling, the Florida Medical Cannabis Association of Winter Park, applauded the decision.
"This ruling by the court ensures the future accessibility, affordability and accountability of low-THC medical marijuana for ... Floridians suffering from severe medical conditions,'' it said. "The Association will work with the DOH to meet its legal deadlines and establish a medical infrastructure helping Floridians across the state."
News Moderator: Shandar @ 420 MAGAZINE ®
Source: Orlando News, Weather & Sports - Orlando Sentinel
Author: Scott Powers
Contact: Contact Us - Orlando Sentinel
Website: Judge invalidates rules for 'Charlotte's Web' medical marijuana oil - Orlando Sentinel
