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.
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MAP posted-by: Jay Bergstrom