Another Group Launches Another Challenge To Florida Pot Rule

September 22, 2014

A trade association has challenged the Florida Department of Health’s plan for carrying out a new medical-marijuana law, adding to two challenges filed last week.

The Florida Medical Cannabis Association is asking an administrative law judge to reject a department rule unveiled this month. The earlier challenges were filed by nurseries Plants of Ruskin, Inc., and Costa Farms.

The cases stem from a law passed this spring that allows strains of marijuana low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD. Supporters say the substances can help children with severe forms of epilepsy and some people with other medical conditions.

Plants of Ruskin and Costa Farms meet legal requirements to apply for licenses to grow, process and distribute the substances. But the association and growers take issue with parts of the rule and contend, in part, that that department has overstepped its rulemaking authority. Similar to the challenge filed by Plants of Ruskin, the association argued Wednesday that department’s proposals “fail to establish even minimum criteria to evaluate (a license) applicant’s financial, technical and technological ability to securely cultivate and produce low-THC cannabis.”

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