James Call
The Department of Health has released a draft proposal of a rule to implement the state’s low-THC/high-CBD medicinal marijuana law. It would create a selection committee composed of the director of the state Office of Compassionate Use, an accountant, and a member of the Drug Policy Advisory Council to award five licenses to grow marijuana and dispense oil from the plant as a medicinal product.
The draft can be read here and it comes in advance of a Feb. 4 negotiated rulemaking meeting where stakeholders and DOH will try to work out a regulatory structure for the industry.
DOH’s first proposal was ruled invalid by an administrative law judge in November. The department hopes to have a proposal in place for lawmakers to ratify when the Legislature convenes in March.
Judge David W. Watkins not only ruled DOH had exceeded its authority when it widened the applicant pool beyond what lawmakers authorized but he said its explanation for failing to include measurable criteria in selecting applicants lacked logic.
The draft proposal released Thursday requires applicants to include experience cultivating non-native plants in Florida and plants for human consumption.
DOH has scheduled two-days of meeting for negotiated rulemaking. The department has not announced any appointments for the committee. The workshop notice said it would include representatives from a nursery, attesting laboratory, a patient, an administrative law attorney and someone experienced with cannabis product regulation elsewhere along with others.
Louis Rotundo represents the Florida Medical Cannabis Association as well as local governments. He said he has participated in negotiated rule making on growth management issues and is hopeful stakeholders and the department can reach consensus before lawmakers convene the 2015 legislative session.
“We’d get cities, counties lawyers and developers all in a room and we hammer it out,” said Rotundo. “It’s not that hard. Can it be done? Absolutely! Can it be done by March 1st? I hope so, but it’s going to be very tight.”
The Legislature had directed DOH to have a regulatory structure in place by Jan. 1 to provide the medicinal oil to children with epilepsy and cancer patients but that deadline was missed when growers and others challenged the agency’s interpretation of the law.
