Judge throws out Charlotte’s Web rules challenge

An administrative law judge Friday dismissed a challenge to a proposed regulatory framework for carrying out a 2014 law that allows limited types of non-euphoric medical marijuana in Florida.

The challenge was filed against the state Department of Health by an attorney for 4-year-old Dahlia Barnhart, who has an inoperable brain tumor, according to documents filed in the case. The challenge argued that the department did not follow the law when drawing up a proposed regulatory rule, in part taking issue with the way the department would select “dispensing organizations” that would grow, process and dispense the cannabis.

Administrative Law Judge Elizabeth McArthur ruled April 1 that the child didn’t have legal standing to challenge the proposed rule, but the ruling gave the girl’s attorney an opportunity to file an amended petition that would address the concerns. McArthur, however, issued a final order Friday dismissing the case, saying the attorney had not filed an amended petition or other documents.

The department, meanwhile, still faces two other challenges to the proposed rule. Those challenges, which have been consolidated, are scheduled for a hearing April 23. Lawmakers have become frustrated with delays in carrying out the 2014 law.

As soon as Tuesday, the full Senate could take up a bill (SB 7066) aimed at speeding up the process of getting the non-euphoric cannabis to patients who suffer from conditions such as epilepsy.

Source: The News Service of Florida