Legislative Panel Questions Proposed Rules Setting Up Medical Marijuana Industry
September 4, 2014
A legislative panel that plays a key role in overseeing state agencies has joined the chorus of critics seeking changes to a proposed soup-to-nuts rule setting up Florida’s new medical-marijuana industry.
A 19-page letter from the Joint Administrative Procedures Committee to the Department of Health’s general counsel questions nearly every aspect of the proposed rule, beginning with who would be allowed to apply for one of five licenses to grow, manufacture and distribute a type of cannabis approved during this year’s legislative session.
The rule, proposed by health officials last month and slated for a third and final public vetting Friday, expanded eligible applicants to include businesses in which qualified nurseries have just 25 percent ownership, meaning the nurseries would not be required to have controlling shares of the entities.
But that definition is at odds with the law overwhelmingly approved this spring by the Legislature and supported by Gov. Rick Scott, according to Marjorie Holladay, chief attorney for the legislative committee.
Under the law, an applicant “must possess a valid certificate of registration” from the Department of Agriculture and Consumer Services to cultivate more than 400,000 plants, be operated by a nurseryman as defined by state law and “have been operated as a registered nursery in this state for at least 30 continuous years,” Holladay wrote Friday to Department of Health General Counsel Jennifer Tschetter.
“Thus, it appears that the applicant must be a nursery that meets the criteria of this statute, not an entity with at least a 25% ownership by a nursery meeting the statutory criteria,” Holladay wrote, asking Tschetter to “explain the department’s statutory authority to authorize” — a phrase used repeatedly in the letter — the requirement.
The Legislature legalized strains of marijuana low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD, and gave the newly-created “Office of Compassionate Use” within the Department of Health until Jan. 1 to come up with a regulatory framework for the substance. Supporters of the low-THC, high-CBD strains of cannabis believe the substance can eliminate or dramatically reduce life-threatening seizures in children with severe forms of epilepsy. Under the new law, patients with other spasm-causing diseases or cancer would also be eligible for the strains of marijuana if their doctors order it, and if their doctors say they have exhausted all other treatments.
The letter from the legislative committee also repeatedly asks the department to elaborate on how it will evaluate requirements laid out in the rule, such as documentation related to technical and technological ability.
The department also needs to explain other requirements, including why site plans need to be drawn to scale, why all employees must undergo background screenings and why all workers must be 21 years of age or older.
And the Department of Health must also come up with a reason the proposed rule would require applicants to provide photographs of public access — including driveways and parking — to the dispensary locations prior to getting a thumbs-up from the state to go into business.
“…It appears the department may be making construction of the facility, or at least the driveway and parking and public access, a precondition of application, which appears to be contrary to its authority,” Holladay wrote.
Other questions posed by the committee’s lawyer address health regulators’ proposed requirement that the cannabis be organically grown and deal with “transportation plans” that would allow “dispensing organizations” to deliver their product statewide but would limit their licenses to a particular region.
The Department of Health left open the possibility that the rule could change, but that likely would not occur until after Friday’s hearing.
“The department will evaluate the committee’s comments, other written comments received, and testimony provided at the hearing on Friday to make decisions about whether a notice of change is appropriate for the proposed rules,” department spokesman Nathan Dunn said in an email Wednesday. “The department will respond to JAPC’s (the committee’s) comments by way of a notice of change or written correspondence after that evaluation and decision-making process is complete.”
The letter comes after intensive discussions between Rep. James Grant, a Tampa Republican who is vice-chairman of the legislative committee, and health department staff.
“I asked staff to make sure we get this right,” Grant said.
Echoing objections expressed by many nursery owners and out-of-state operators seeking to do business in Florida, Grant initially objected to the health department’s proposal to use a lottery method to select the “winner” of the five licenses. Health officials have refused to back down from that process, saying it is intended to minimize potentially drawn-out litigation over the granting of the licenses with the goal of getting the product into the hands of ailing children a quickly as possible. The letter from the committee does not challenge the lottery process.
“We’re going to get sued one way or the other. We need to do our job right to mitigate our potential liability,” Grant, a lawyer, said.
Grant also said the state isn’t doing enough to measure the efficacy of the low-THC cannabis, which has not received approval from the Food and Drug Administration but instead has gained popularity through anecdotes shared by parents of children, some of whom suffered hundreds of seizures daily until starting on a trial-and-error regimen.
Florida’s new law “may have created the first state-sanctioned clinical trials” of the low-THC cannabis, said Grant, one of the House bill’s co-sponsors.
If so, Grant said, “we should be creating data sets” for the brand-new substance soon to be unleashed into “the health care eco-system.” The state, the producers of the cannabis or somebody else should be coding information about the combinations of THC and CBD — and how well the strains perform, Grant said.
Such “structured data” could provide a framework for health regulators if voters approve a proposed constitutional amendment in November authorizing “traditional” medical marijuana, which Grant called “the elephant in the room” no one wants to talk about but which goaded lawmakers into signing off on the low-THC legislation this spring.
“My fear is just to say we’ll let the doctor or the nursery certify that it’s low THC and that’s all we need. They could write that on the back of a napkin,” he said.
by Dara Kam, The News Service of Florida
Poll Shows Scott With Lead Over Crist
September 4, 2014
Little more than two months before Election Day, a new poll shows Republican Gov. Rick Scott with a 5-point lead over Democratic challenger Charlie Crist.
The Tampa Bay Times/Bay News 9/UF Bob Graham Center poll found that Scott received support from 40.9 percent of the people surveyed, while Crist was at 35.7 percent and Libertarian Adrian Wyllie had 6.3 percent.
In a head-to-head race, Scott led Crist by a margin of 43.7 percent to 37.6 percent.
The telephone survey of registered voters was conducted from Aug. 27 to Aug. 31 by the University of Florida’s Bob Graham Center for Public Service and Bureau of Economic and Business Research. It has a margin of error of 3.4 percentage points.
by The News Service of Florida
Northview Chiefs Name Players Of The Week
September 4, 2014
Northview High School’s Chiefs have named players of the week following last Friday night’s defeat of Bozeman.
OFFENSE
- Gavin Grant – - 6-9 passing, 125 yards, 3 TD, 4 yards rushing
- Jacob Dunsford — 2 rec., 75 yards, 2 TD, 1-3 passing, 24 yards, 1 TD, 2 PT. conversion run
DEFENSE
- Nick Lambert — 4 solo tackles, 1 assist, 1 TFL, 1 sack, 1 FR
- Cameron Newsome — 2 assists, 1 INT, 1 def TD (70 yard int. return)
SPECIAL TEAMS
- Keondrae Lett — 74 yard kickoff return for TD, finished with 233 all-purpose yards and 2 TD
- Chasen Freeman – 5-5 PAT, 19 yard KOR
DOMINATOR
- Zach Payne – Hit on kickoff
The Northview Chiefs will host Marianna Friday night at 7:00 in a non-district game at Tommy Weaver Memorial Stadium in Bratt.
More Scattered Showers, Thunderstorms For Today
September 4, 2014
Here is your official North Escambia area forecast:
- Thursday Showers and thunderstorms likely, mainly after 1pm. Partly sunny, with a high near 91. Calm wind becoming southeast around 5 mph in the afternoon. Chance of precipitation is 60%.
- Thursday Night A 40 percent chance of showers and thunderstorms before 1am. Partly cloudy, with a low around 69. Calm wind.
- Friday A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 93. Calm wind becoming south around 5 mph in the afternoon.
- Friday Night A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71. South wind around 5 mph becoming calm in the evening.
- Saturday A 40 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92. Calm wind becoming southwest around 5 mph in the morning.
- Saturday Night A 30 percent chance of showers and thunderstorms. Partly cloudy, with a low around 70. Southwest wind around 5 mph becoming calm.
- Sunday A 40 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92. Northwest wind around 5 mph.
- Sunday Night A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71. Northwest wind around 5 mph becoming calm in the evening.
- Monday A 40 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92.
- Monday Night A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71.
- Tuesday A 30 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92.
- Tuesday Night A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71.
- Wednesday A 30 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92.
Pictured: A storm cloud Cantonment Wedmesday afternoon. NorthEscambia.com photo by Kristi Price, click to enlarge.
No Injuries When School Bus Rear-Ended In Century
September 3, 2014
An Escambia County School District bus was rear-ended in Century Wednesday afternoon on West Highway 4 near Century Woods Apartments.
There were no injuries. The bus had less than a dozen Ernest Ward Middle and Northview High students on board.
Further details have not been released by the Florida Highway Patrol.
Pictured top and below: A pickup rear-ended a school bus in Century Wednesday afternoon. Pictured inset: The reader-submitted photo by Gabrielle Kline shows the collision before the vehicles were removed from the roadway. NorthEscambia.com photos, click to enlarge.
One Injured When Vehicle Hits Train On Quintette Road
September 3, 2014
One person was injured when they struck a train about 3:15 Wednesday afternoon on Quintette Road. A 74-year old male was transported to Sacred Heart Hospital as a “trauma alert”. Shortly after the crash, CSX broke the train apart to re-open one lane of Quintette Road to traffic.
The Cantonment Station of Escambia Fire Rescue, Escambia County EMS and the Escambia County Sheriff’s Office responded to the crash. The accident is under investigation by the Florida Highway Patrol. Further details have not yet been released.
Pictured top: The driver of this truck was injured in the crash. Pictured below: Firefighters work to reach the wreckage on the other side of the train cars. NorthEscambia.com photos by Kristi Price, click to enlarge.
Man Shot At Escambia Apartment Complex
September 3, 2014
The Escambia County Sheriff’s Office is investigating a shooting Tuesday night in the 5000 block of Cerny Road.
The victim, a 54-year old male, received a non-life threatening gunshot wound and was transported to a local hospital, according to the Sheriff’s Office. The incident occurred at the Cerny Village Apartments.
“The incident appears to be the result of a dispute amongst individuals familiar with one another and not a random act,” according to a Sheriff’s Office news release.
Further details have not been released.
Man Charged With Aggravated Child Abuse
September 3, 2014
A call that was dispatched as a report of a child not breathing ended with the arrest of a man who was babysitting the child.
Alfred J. Simpson, 19, of 500 East Fairfield Drive, was arrested Tuesday and charged with one count of aggravated child abuse.
Police were initially dispatched to Pensacola Village, on East Fairfield Drive around 11 p.m. Monday to assist EMS. Upon arrival, officers found the 14-month-old baby unresponsive,
said Pensacola Police Detective Amy Parsons. Simpson and the baby’s 18-year-old mother were on scene.
The baby was taken to a local hospital where it was determined she had a blunt force trauma injury on the rear of her head. She remains hospitalized in critical condition. Simpson told police the child’s mother had a headache and had left the baby in his care while she took a nap. He said while the mother was sleeping he cooked dinner for him and the baby.
Parsons said Simpson told police he left the apartment for several minutes and when he returned, he went to pick up the baby from the living room floor and discovered she was having problems breathing and her body was limp.
Simpson used a woman’s inhaler on the baby in an attempt to get her to breathe. When the mother awakened, Simpson told her an ambulance needed to be called.
Simpson remains jailed with bond set at $50,000.
Cantonment Woman Injured In Tuesday Highway 29 Crash
September 3, 2014
A Cantonment woman was seriously injured in a Highway 29 crash Tuesday morning, according to a report released Wednesday morning by the Florida Highway Patrol.
Katherine Littlefield, age 43 of Cantonment, turned her 1998 Jeep Cherokee directly into the path of a Ford F250 driven by 19-year old Tyler Olsen of Gulf Breeze on Highway 29 at Old Chemstrand Road.
Littlefield was transported to West Florida Hospital in serious condition. Olsen suffered minor injuries, while his passenger was not injured.
Littlefield was cited for turning left in front of approaching traffic. The crash blocked Highway 29 northbound for over an hour.
Pictured top: This reader submitted cell phone photo shows traffic blocked by a crash at Highway 29 and Old Chemstrand Tuesday morning. Photo for NorthEscambia.com, click to enlarge.
CVS Pharmacies Stop Selling All Tobacco Products
September 3, 2014
Shoppers will no longer find tobacco products in CVS stores, including the ones in Century and Cantonment.
CVS is pulling all tobacco products from its shelves effective Wednesday, nearly a month ahead of the previously targeted date of October 1. In February, the company announced that it would end the sale of cigarettes and tobacco products at its stores, making CVS the first and only national pharmacy chain to take this step, the company says, in support of the health and well-being of its patients and customers.
“Along with the start of CVS Health, the sale of cigarettes and tobacco products at CVS/pharmacy ends today. By eliminating cigarettes and tobacco products from sale in our stores, we can make a difference in the health of all Americans,” saud Larry J. Merlo, President and CEO.
“The sale of tobacco in a retail pharmacy conflicts with the purpose of the health care services delivered there,” added Troyen A. Brennan, M.D., M.P.H., Chief Medical Officer, CVS Health. “Even more important, there is evidence developing that indicates that removing tobacco products from retailers with pharmacies will lead to substantially lower rates of smoking with implications for reducing tobacco-related deaths.”
Also on Wednesday, the company changed its corporate name to CVS Health, but customers won’t notice any changes in signage at their local store.
Pictured: The CVS store in Century. NorthEscambia.com file photo, click to enlarge.