Senators Angry At Delays In Medical Marijuana Licenses

October 25, 2017

Frustrated senators grilled Florida’s pot czar Tuesday, demanding explanations for why his office missed a legislatively mandated deadline to issue new medical-marijuana licenses and why ailing patients are stuck waiting for state-issued ID cards.

Christian Bax, executive director of the state Office of Medical Marijuana Use, blamed one of the delays on a lawsuit challenging the constitutionality of part of a new law that required health officials to issue 10 new marijuana licenses by Oct. 3.

But Senate Health Policy Chairwoman Dana Young, R-Tampa, rejected Bax’s explanation.

“I’m not buying that just because there’s litigation out there you can’t fulfill your statutory duty to issue these additional licenses,” Young, a lawyer, scolded Bax.

The new law, passed during a special session in June, was intended to carry out a constitutional amendment, approved by voters in November, that broadly legalized medical marijuana in Florida.

The lawsuit cited by Bax deals with a portion of the law that reopened the application process and ordered the Department of Health to grant five licenses by Oct. 3, after it approved five other new licenses in August. One of the licenses in the second batch must go to a grower who had been part of settled lawsuits, known as the “Pigford” cases, about discrimination against black farmers by the federal government.

But weeks after the deadline has passed, Bax has yet to hire a vendor to score what could be hundreds of applications for the highly coveted licenses in potentially one of the nation’s most robust marijuana markets.

Bax has maintained that the lawsuit filed by Columbus Smith, a black farmer from Panama City, has temporarily put the application process on hold.

Smith’s challenge alleges that the new law is so narrowly drawn that only a handful of black farmers could qualify for the license. The lawsuit contends that the measure is what is known as an unconstitutional “special law.”

Smith is asking a Tallahassee judge to stop the Department of Health from moving forward with the application process, something Bax said has prevented him from obeying the Legislature’s directive.

“The prospect of moving forward of accepting licenses with the injunctive hearing looming creates both a logistical and legal problem,” Bax, a lawyer, told the committee Tuesday morning.

But Young wasn’t satisfied with Bax’s justification.

“I hear what you’re saying, but doesn’t it seem a bit complacent for you to simply throw your hands up and say, `Oh, we cannot issue. We’ve been sued. Oh no.’ You all get sued all the time,” an exasperated Young said. “You have a duty under our state laws to issue these licenses, regardless of whether some plaintiff files a lawsuit.”

Bax insisted he is hamstrung by the pending court decision regarding the temporary injunction.

“I don’t think there is anyone in this room who would like to get these licenses out and growing more than I do. We want to move this process as quickly as possible forward,” he said.

But, he added, “If this process gets struck down, we would have to start from the beginning.”

Sen. Kathleen Passidomo, a Naples Republican who is also a lawyer, piled on, putting Department of Health General Counsel Nicole Gehry on the hot seat.

“What valid reason could you have for ignoring a statutory directive? Just saying that you’re afraid of an injunction or litigation has been filed. … I mean, almost every time we pass a law, somebody files a lawsuit, and we still continue to pursue it,” Passidomo said, asking Gehry “what is the down side” of issuing the licenses.

“Once we get an idea of the scope of how the judge views the case, I think the department would be in a better position to evaluate how best to move forward,” Gehry said. “It’s difficult to articulate at the moment because we don’t know what the judge is going to do with the temporary restraining order.”

The new licenses aren’t the only source of frustration for lawmakers.

Sen. Lauren Book, D-Plantation, is among numerous legislators whose constituents have sought help getting state-issued identification cards. Patients must have the cards to purchase marijuana, once their doctors have ordered treatment.

“I’ve had constituents’ families call because they’ve died waiting to get their card and could not get their medication,” Book said.

Bax said it currently takes his office 30 days to issue the ID cards, if applications are complete.

But Book disputed that.

“I went on a fact-finding mission … and I tried the process as an experiment. It took three months to get a patient identification card. That is not unique. That is something that I have heard time and time and time again,” she said.

Bax said he is finalizing negotiations with a vendor who will take over the ID-card system; the outsourcing was another requirement included in the new law. The deal should be finalized in a few days, Bax promised.

Book asked how the contractor would handle the backlog — which Bax said is up to 6,000 patients at any given time — of people waiting for ID cards.

“Flushing that backlog out … is a priority for us,” he assured the panel. “That will be the first thing that’s addressed.”

Bax’s answers did little to quell committee members’ concerns.

“I feel like I know less now and am more confused after your presentation,” Sen. Bobby Powell, D-West Palm Beach, said.

But it’s unclear what disgruntled lawmakers can do to force the health department to act.

“We’re going to have to continue to look into that, but I will tell you that many of the committee members commented during the meeting that they’ve never seen anything like this. And I will tell you that I have never seen anything like this in the eight years that I’ve served in the Legislature. A complete disregard for a legislative mandate,” Young told The News Service of Florida after the meeting.

Ailing patients, who have “already waited too long” for medical marijuana to be legalized, “deserve their government to act appropriately” to make sure they get the treatment they need, Young said.

by Dara Kam, The News Service of Florida

Comments

8 Responses to “Senators Angry At Delays In Medical Marijuana Licenses”

  1. David Huie Green on October 28th, 2017 11:31 am

    REGARDING:
    “Before you make stupid comments here maybe you should read about the topic. ”

    And that is why many fear to ask questions.

    POT CZAR has that certain ring to it, doesn’t it?

    Oh wait, that’s a question (even if really just a joke on my part) so now I’m at risk of verbal attack by someone convinced I am not properly respectful.

    David for better lives via chemistry

  2. terri on October 26th, 2017 10:24 am

    why doesnt the Big Pharma Industry do something ?….that would make a Big difference. I would like to be able to go to my regular doctor for a medical marijuana prescription that insurance will pay…its difficult for some of the older generation to be able to afford medical marijuana who need it.

  3. Grand Locust on October 26th, 2017 12:33 am

    When did pot become a life saver????

    It provides pain reduction, and with mixes high in CBD it provides anti inflammatory healing which reduces the pain with those who have bone mets. The edible 1:! gummy at 1/2 dose provide incredible relief to cancer patients, and with the half dose the THC does not get a patient high. The idea that these low THC or 1to1 mixes are for a party or getting high is utterly ignorant. If you have not talked with a cancer patient, please do. Life saver……for somebody in pain…..you bet it is.

  4. Tabby on October 25th, 2017 9:50 pm

    @Alma; When God created the earth, that’s when. It was mans greed, lies, money, and politics that made it appear on the same keel as “evil”. In fact, many old folks still view it that way. The same way youngsters won’t believe something until Google tells them it’s ok.
    And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.

  5. David on October 25th, 2017 9:49 am

    If you have a grandchild who has seizures every hour of her life and the only thing that will quell those seizures is this…doing without it will end her life in one of those seizures. Folks, this is not a joking matter and those who have loved ones pass from seizures that can not be treated in any other way understand
    The lifesaver remark is from an uneducated person that dont spend hours keeping a grand child from dying and trying to comfort her. The Glaucoma comments I take issue with as you think not being able to rest and see a little bit is a joke
    Some people would refer to these types of comments as stupid
    I tend to say people with low educational background into and experiencing what I and many many others suffer from just trying to cope with with child or adult that needs help
    Thank you

  6. Pain Sufferer on October 25th, 2017 9:26 am

    Before you make stupid comments here maybe you should read about the topic. There is a huge amount of scientific research done proving the medical benefits of marijuana.There are even studies that show pain suffers have reduced their use of other stronger pain meds like oxycotin, that pisses off the pharma industry. And for your information Bob’s Brother. The process to get an ID is difficult and expensive. You must have a licensed doctor refer you to another doctor licensed to prescribe the marijuana. Then you pay for the ID which has to be approved through the state. None of these expenses is covered by insurance.

  7. Alma on October 25th, 2017 8:08 am

    When did pot become a life saver????

  8. Bob's Brother on October 25th, 2017 7:05 am

    I do wonder how many among us feel a bout of glaucoma coming on….LOL

Written by William Reynolds · Filed Under News