Studer Community Institute

DOH says pot rule challenge will lead to delay

March 13, 2015
/ News Service of Florida
/ government

Already behind in carrying out a new medical-marijuana law, the Florida Department of Health said it is concerned that a legal challenge filed this week will lead to further delay. A Jacksonville attorney, on behalf of a 4-year-old child with an inoperable brain tumor, challenged a proposed Department of Health rule that would provide a regulatory framework for the new industry. "This legal action will unfortunately delay the department's attempts to deliver this product, already authorized by the Florida Legislature, to Florida's children and patients who need it,'' the department said in a statement posted on its website. "The department will review the challenge immediately and act promptly to move the process forward." The law allows strains of medical marijuana that are low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD. The challenge filed this week takes issue with the way the department proposes selecting five "dispensing organizations," which would grow, process and dispense the cannabis. It said the proposed rule lacks minimum standards for the dispensing organizations and does not provide assurances to patients about statewide access to the drugs. But the department has defended the rule. "We have maintained an unprecedented, open process for developing this rule framework," Patricia Nelson, director of the department's Office of Compassionate Use, said in the prepared statement. "The department will take every possible action to minimize the delay this rule challenge has created in getting this product to Florida's children who need it." The law required the department to have selected the dispensing organizations by Jan. 1, but a legal challenge to an earlier version of the rule created a delay. For the Moseley family in Gulf Breeze, the delay over the “Charlotte’s Web” rule is very personal. The Moseleys’ daughter, RayAnn has a form of epilepsy that leaves her racked with seizures. The strain of medical marijuana known as Charlotte’s Web could help ease RayAnn’s seizures. Their family spokeswoman, Ryan Wiggins, released this statement: “The Moseleys are heartsick to learn of the challenge to the Charlotte’s Web rule. Following the last hearing, they felt confident that all of the stakeholders in the rulemaking process were happy and ready to move forward. “It is disappointing that a mother who is using cannabis illegally and has not been involved in the rulemaking process, would block the access to Charlotte’s Web for thousands of families who are trying to go about getting the life-saving product for their children the right way.” The Moseleys were connected with Isaac Carew, a 10-year-old Brevard County boy who died while waiting on Charlotte’s Webb. The news story about him is here. “How many other children will lose their lives because of this challenge? Florida families cannot wait any longer for access to Charlotte’s Web and we implore the legislature to intervene at this point. “Our hearts, thoughts and prayers are with the Carews. Their son’s death will not be in vain. We will not stop fighting for these families until Charlotte’s Web is readily available.”

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DOH says pot rule challenge will lead to delay

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