Florida Still Playing Medical Marijuana Waiting Game

Even though it has been nearly a year since the Compassionate Medical Cannabis Act was signed into law by Florida Gov. Rick Scott, the process to make available “Charlotte’s Web,” a non-euphoric strain of marijuana, is still a little ways off.

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Extract from the plant can be used to treat patients suffering from epileptic seizures and other related disorders.

Much hoopla surrounded the historic signing of the bill last June, setting the stage for what looked like a possible gateway for Sunshine State voters to make full-blown medical marijuana legal in the upcoming November election.

Though almost 58% of registered voters chose yes on Amendment 2, a 60% majority was required in order to alter the state’s amendment.

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Since that night in early November, it’s been mostly quiet on the medical marijuana front for Floridians — until recently. Progress behind Charlotte’s Web had been stalled due to an ongoing legal challenge from a local plant nursery. Apopka-based Baywood Nurseries claims some of the state’s proposed rules and regulations — particularly the requirements of 30 continuous years in business and an available 400,000 plant inventory — were created to give larger operations the upper hand in grabbing one of the five available regional medical marijuana growing licenses.

Late last month, a judge from the State of Florida’s Division of Administrative Hearings denied Baywood’s claim, finally clearing the way for Charlotte’s Web to be produced. But, this sounds like just the beginning of what is still a relatively lengthy process to move forward.

Mara Burger, press secretary for the Florida Department of Health (DOH), says the judge’s ruling now opens up the opportunity to accept applications from interested growers, which will officially begin June 17. “According to the rule, we can accept applications for 21 calendar days,” Burger says. “After such time, we will evaluate applications.”

Regarding the evaluation period, Burger refers to Florida statute Ch. 120.60, which states: An application for a license must be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law.

With nearly 100 eligible nurseries possibly vying for the five open slots, the selection process could end up taking longer than anticipated, said Ben Bolusky, executive VP/CEO of the Florida Nursery, Growers & Landscape Association. “Some people expect product will be available for patients by the end of 2015, while others expect it will be the spring of 2016.”

Despite the aggressive timelines, the DOH remains confident in its ability to get Charlotte’s Web into the hands of those who need it most. “It is the goal of the department to get low-THC to those who need it this year,” Burger concludes.

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