Pubdate: Sat, 15 Nov 2014
Source: Orlando Sentinel (FL)
Copyright: 2014 Orlando Sentinel
Contact:  http://www.orlandosentinel.com/
Details: http://www.mapinc.org/media/325
Note: Rarely prints out-of-state LTEs.
Author: Scott Powers
Page: A1

'CHARLOTTE'S WEB' RULES THROWN OUT

Backers Must Wait for Medical-Pot Oil

A judge on Friday tossed out the state's proposed rules for 
"Charlotte's Web" medical marijuana, which means families waiting for 
the drug to help epileptic children and others will have to wait even longer.

Because of the decision, the Florida Department of Health will have 
to start over and write new rules. The goal set in the law passed and 
signed by Gov. Rick Scott in June was that the program could begin on Jan. 1.

Now the beginning of the program is unclear, but it likely will be 
delayed by months.

Having to wait longer and not knowing when the medicine might be 
available is difficult to endure, said Rob Holl of Longwood, whose 
adult daughter Megan suffers from seizures that left her with the 
mental development of a 2-year-old and severe enough that one could 
kill her at any time.

"Every day I have to feel what it might be like to have her suddenly 
pass," Holl said. "I imagine that this whole thing in Tallahassee 
would go a lot quicker if anyone up there calling the shots felt that 
fear as often as I do."

In a statement released Friday, the Department of Health said it 
would "consider all options that will most expeditiously get this 
product to market to help families facing serious illnesses."

"Charlotte's Web" is a medicinal oil extracted from cannabis that is 
high in a chemical called CBD, which has shown promising results in 
alleviating epileptic seizures and helping with other neurological 
problems, and low in THC, the chemical that gets people high.

Medical experts say about 125,000 people in Florida with epilepsy 
that has not responded to other drugs or therapies could be helped by 
the oil, first used in Colorado.

The law also allows the oil to be used by other people suffering from 
other neurological disorders such as Parkinson's disease, as well as 
by some cancer patients.

After considering formal objections to the rules filed by several 
potential medical-marijuana growers and business groups, 
Administrative Law Judge W. David Watkins in Tallahassee ruled Friday 
that 13 proposed rules developed by the Department of Health over the 
summer are "invalid exercises of delegated legislative authority." 
That means the department overstepped its power. Among the main 
issues: The department proposed using a lottery to select five 
companies to be regional, licensed operators to grow, process and 
dispense the medical-marijuana product. The potential growers and 
businesses argued the licenses should be awarded to those companies 
that have the best proposals.

The department's proposed rules on ownership of the nurseries were 
invalidated. They would have allowed for minority interests to 
control them. The legislation required the licenses be available only 
to companies that had been operating in Florida for 30 or more years, 
not limited partners.

The department proposed that a company must grow, process and sell 
all at the same location. Growers typically are in rural locations 
and argued that those were not appropriate places to set up marijuana 
oil dispensaries.

One of the business groups that challenged the ruling, the Florida 
Medical Cannabis Association of Winter Park, applauded the decision.

"This ruling by the court ensures the future accessibility, 
affordability and accountability of low-THC medical marijuana for ... 
Floridians suffering from severe medical conditions," it said. "The 
Association will work with the DOH to meet its legal deadlines and 
establish a medical infrastructure helping Floridians across the state."
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MAP posted-by: Jay Bergstrom