The first set of rules for medical marijuana in Florida got hit with a whammy of a complaint last week when the top lawyer for the legislature’s oversight committee suggested the proposed rule failed to follow the law legislators passed this spring.
The 19-page critique, drafted by Marjorie Holladay, chief attorney for the Joint Administrative Procedures Committee and sent to Department of Health to General Counsel Jennifer Tschetter corrected everything from typos and grammar to the agency's interpretation of the law. Download JAPC DOH request for revisions
The most significant criticism: that the state has failed to establish sufficient standards in nearly a dozen areas as it writes the rules by which applicants will be chosen to be eligible for a lottery. The lottery will then select five companies to be medical marijuana dispensaries that will be licensed to sell low-THC cannabis for medical purposes.
After two hearings on the draft proposal, the Department of Health published a final rule and will hold a hearing on it on Friday. Holladay's critique could make it difficult to finish the rule quickly.
Among Holladay’s complaints: the department “has no statutory authority” to limit nursery ownership to 25 percent. Legislators decided that only nurseries that have been in business in Florida for 30 continuous years and who have at least 400,000 plants are eligible to apply.