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Those who most need medical pot fear months-long delay of Florida law

 
The Florida Department of Health has scheduled a workshop Tuesday to renew work on crafting regulations for growing, processing and distributing a noneuphoric strain of pot.
The Florida Department of Health has scheduled a workshop Tuesday to renew work on crafting regulations for growing, processing and distributing a noneuphoric strain of pot.
Published Dec. 27, 2014

TALLAHASSEE — Days before a medical marijuana strain was slated to be introduced in Florida, state health officials instead will be back at the drawing board trying to figure out how to launch the heavily lobbied product.

A scheduled Jan. 1 startup date has gone up in smoke.

But supporters say they are angry and frustrated with the way the money and politics of pot have overwhelmed an effort to help cancer and epilepsy victims.

Some fear the delay could extend many more months.

"It's so disappointing," said Ava Pence, a Jupiter mother, whose 8-year-old daughter, Meredith, suffers from Dravet syndrome, a severe form of epilepsy.

"I was stunned when the legislation passed this year. But now I just fear that the sense of urgency is gone," she said.

Some involved think slowing down availability of the non-euphoric marijuana oil dubbed Charlotte's Web stemmed from Gov. Rick Scott's administration wanting nothing finalized until after his November re-election.

Others worry the standoff now could last into spring, when lawmakers are already talking of reworking parts of the new law.

Pot proponents also say the battle could fuel another ballot attempt in 2016 to legalize a more sweeping form of medical marijuana, after a similar campaign fell just short in November.

The Florida Department of Health has scheduled a workshop Tuesday in Orlando to renew work on crafting a regulatory structure for growing, processing and distributing the marijuana product.

Under the law approved in the spring, doctors were supposed to be able to order the treatment starting Jan. 1.

Charlotte's Web is a liquid derivative rich in cannabidiol, or CBD, but low in tetrahydrocannabinol (THC), the compound that produces a high.

Any hopes of a New Year's kick-off were dashed Nov. 14 when an administrative law judge overturned the first set of rules prepared by state health officials.

Miami-based Costa Farms, the Florida Medical Cannabis Association and others had challenged the Health Department's plan to use a lottery to help license the five agricultural nurseries that would grow and distribute the medical pot.

Judge David Watkins agreed that the lottery idea was "vague" and "arbitrary."

He also endorsed the claim by critics that it could spur unqualified growers to take a chance on getting selected only because they wanted in on the ground floor of a lucrative new industry.

During 30 hours of public hearings conducted before the rejected rule was adopted, criticism of the lottery idea was common. But health officials said the approach was needed to avoid what they predicted as lengthy legal fights over how nurseries were selected.

The measure approved by the Republican-led Florida Legislature and signed into law by Scott limited the industry to nurseries in business at least 30 years in Florida and registered to grow at least 400,000 plants. About 75 nurseries qualified.

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But the issue quickly got complicated.

The Health Department's public hearings were jammed with growers, business representatives, marijuana trade groups and others — most with an opinion on how Florida should shape its new industry.

Many had a self-interested angle on the pot product.

"It was really gross to watch," said Ryan Wiggins, who represents Holley Moseley, a Gulf Breeze mother of three who helped lead the fight for Charlotte's Web in the Legislature.

The nickname "Charlotte's Web" comes from a young Colorado girl, Charlotte Figi, who suffered hundreds of weekly seizures from Dravet syndrome, which advocates say affects about 125,000 Florida youngsters.

Charlotte Figi's seizures were eased by treatment with drops of marijuana oil rich in CBD and low in THC, helping spawn a nationwide drive to legalize the product.

Moseley's daughter, RayAnn, 11, has cerebral palsy and, like Charlotte Figi, can suffer from dozens of epileptic seizures daily. RayAnn needed hospital treatment again last week, Wiggins said.

"I don't think any of us feels hopeless," Wiggins added. "But it is frustrating because there are so many people coming here to Florida and looking to make money off this, and ignoring what's right for the kids."

The judge in his decision also threw out a Health Department provision that would have allowed nurseries to pair with other companies to become eligible for a license. The judge ruled health officials couldn't "relax" state law.

Many of those elbowing for a piece of the new industry were positioning themselves as financiers or partners with established nurseries.

But going forward, some involved in the fight say that action could limit the freewheeling infighting that consumed the first attempt at regulations.

"It potentially narrows the field," said Louis Rotundo, who represents the Florida Medical Cannabis Association.

Sen. Rob Bradley, R-Fleming Island, sponsored the Charlotte's Web legislation last session and said he intends to propose a "glitch bill" soon to address some deficiencies in the new law.

Among them is a way to assure that research into medical marijuana can be conducted at state universities, a provision of Bradley's earlier bill.

The University of Florida has said it would not advance such work, fearing a loss of federal funds.

Although 23 states and Washington, D.C., have legalized medical marijuana, pot remains a controlled substance and is illegal under federal law.

"I want to explore that issue and get the research up and running," Bradley said.

But he acknowledged that more work may be needed.

"I really want to encourage all parties to work within the rulemaking process to get this available to those who need it," Bradley said. "But all options are still on the table."