Charlotte's Web struggles to finish line as Rob Bradley’ vows to help

“The latest challenge is probably the last straw for many in the legislature,” said Sen. Rob Bradley, sponsor of the Compassionate Medical Cannabis Act of 2014. “I expect the Regulated Industries Committee will have a serious discussion very soon about what we need to get this substance in the hands of suffering families”

A regulatory structure implementing the law authorizing five licenses to grow marijuana and dispense medicinal oil was supposed to be in place by January 1. The Department of Health lost a lawsuit on its first proposal and Wednesday a challenge to it’s second proposal was filed with the Department of Administrative Hearings.

A finalized rule would allow a licensing process for five licenses to grow and dispense cannabis oil to children with an often-fatal form of epilepsy and people afflicted with cancer and muscular diseases with the medicinal oil.

 he latest challenge could be resolved by the end of May and if the ruling goes against DOH then it’s anyone’s guess when Florida’s first legal marijuana crop will be planted and the blossoming of a medicinal marijuana industry will occur.

The process is leaving people dazed and confused.

“The Department did the best it could with what it had. If you do not like the rule now I think you have to say there is room for clarification – however, is that in the best interest of the patient to have a delay?” questioned lobbyist Louis Rotundo while noting such clarification is not the job of DOH but of the Florida Legislature.

Rotundo represents the Florida Medical Cannabis Association. It was among the group that prevailed in the suit invalidating the first proposed rule. He was counting on the rewrite to make it through without a challenge.

“Every piece of legislation is going to have rough edges – things that don’t work smoothly that’s the nature of the process but at what point do we stop and see what we got and allow experience to show if it needs further work,” asked Rotundo.

Now, said Bradley, a committee chair whose realm includes medicinal marijuana.

“We are not where we need to be and it is time for the Legislature to take a serious look at the things we can do to get this problem solved,” said Bradley. “I’m interested in talking about legislation that is self-executing and doesn’t require rules to be implemented.”

A Jacksonville attorney filed a challenge Wednesday on behalf of a 4-year old child with inoperable brain tumor. The petition charges the proposal is arbitrary, vague, overly complicated and tilts the playing field in favor of the politically-connected represented on a negotiated-rule making panel selected by DOH.

The challenge is here and includes the proposed rule which was written in response to the judge’s final order invalidating the first proposal. That ruling is here.

Questions of whether the petitioner has standing to challenge the rule and allegations of it lacking a minimal standards opens the door to a philosophical discussion which will be led by an administrative hearing judge.

Such talks may hold the interest of law and communication students but Bradley has his sights on the estimated 1,500 epileptic children whose parents and advocates are waiting for low-THC cannabis oil said to calm their seizures.

Implementation of the Compassionate Medical Cannabis Act of 2014 will be scheduled for a committee meeting in two or three weeks, said Bradley.

It appears that self-executing legislation is a quicker route then a rule making process that has turned into a circus of squabbling growers and investors.

Bradley was asked if his goal is to have the medicinal oil available before the end of the year?

“We passed a law that things were going to be in place January first that has not occurred. I don’t think it is fair to anyone to make any promises,” said Bradley. “What I can say is that I’m going to use my best efforts to get this medicine into their hands as soon as possible.”