Pubdate: Mon, 08 Sep 2014 Source: Sun-Sentinel (Fort Lauderdale, FL) Copyright: 2014 Sun-Sentinel Company Contact: http://drugsense.org/url/mVLAxQfA Website: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 Page: 3B 'CHARLOTTE'S WEB' RULES It was hard enough to get Republican lawmakers to approve a limited form of medical marijuana this spring at the same time that many in the GOP are opposing a broader legalization proposal on this November's ballot. But that might be nothing compared to the infighting going on over setting up rules for the production of "Charlotte's Web." The rule, which has already been kicked around for several weeks now, took on more critics when a legislative panel that plays a key role in overseeing state agencies joined the chorus seeking changes to a proposed soup-to-nuts rule setting up the new industry. A19-page letter from the Joint Administrative Procedures Committee to the Department of Health's general counsel questioned 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, was slated for what was expected to be a third and final public vetting Friday-but even that ended with likely delay. Among the problems cited by the letter: The rule expands 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 toMarjorieHolladay, 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 cannabidiol, 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 committee will have to certify that the health department responded to its questions before a revised rule can be filed. The agency will file the notice of the changed rule at least 21days prior to adopting the new regulation. - --- MAP posted-by: Jay Bergstrom