James Call
The Florida Department of Health will hold a public hearing March 2 in Tallahassee for a proposed rule on a medicinal marijuana law. The rule was produced by a two-day negotiated rule-making workshop DOH held earlier this month with growers, cannabis business representatives and patient advocates.
Medicinal marijuana is available in nearly half of the country but Florida’s Compassionate Cannabis Medical Act of 2014 has been held up by a court challenge with growers and regulators unable to agree on rules to provide epilepsy and cancer patients with cannabis oil to treat their illness.
DOH confirmed Thursday a request for a hearing to discuss the proposed rule published Feb. 6. A spokesman said more details would be forthcoming.
“There most certainly are stakeholders who are confused and desire clarification,” said Taylor Patrick Biehl of the Medical Marijuana Business Association. “This is a very comprehensive application process.”
The process was developed during 25 hours of negotiations conducted over a 35- hour period starting Feb. 4. In the talks the nurseries lost an extended discussion about allowing common ownership of an entity cultivating marijuana dispensing cannabis oil – to avoid banking and insurance problems created by the conflict between state and federal laws.
Office of Compassionate Use executive director Patricia Nelson rejected the idea saying the maneuver would risk a legal challenge she was convinced the department would lose.
“It is in no nursery’s interest to challenge the rule because every nursery benefits from it,” said Pedro Freyer of Costa Farms who was among the stakeholders invited to participate in negotiations.
“You’re offering on a premise that is not accurate. I have emails that say I personally know 10 others that are not worried about the banking situation,” Nelson replied.
The proposed rule includes a scorecard to evaluate applicants for the five licenses lawmakers authorized on their ability to cultivate marijuana and process and dispense a medicinal product. Growers will also be scored on their financial capability and how they set up a medical director’s office.
“I’m surprised it has not occurred up to this point,” said Ron Watson about the request for a hearing. Watson lobbies on behalf of medical marijuana interests and has attended a series of workshops and public and court hearings on the marijuana law dating to July.
“What I don’t know is what will happen after the hearing — where we all get to recite our talking points — If and when the Department is alerted to a (legitimate) challenge then a Notice of Change will occur and push things back further.”
Holley Moseley was the patient advocate on the 12-member panel which produced the negotiated rule and said she and others would return to the state Capitol and lobby for a glitch bill – to clarify intent and the language in 2014 law – if there were further delays in getting the medicinal oil to patients.
“If this rule is challenged (then) we’ve shown this rule is going to continue to run around in circles,” said Ryan Wiggins, Moseley’s spokeswoman.
The March 2 hearing will provide stakeholders an opportunity to seek clarification on the proposal and express concerns about the issues which would form a basis for a challenge.
