Three challenges have been lodged in attempts to block Florida’s proposed medical marijuana rules. Two plant nurseries and a marijuana trade association are fighting provisions they say are unfair to growers.
Growers oppose the lottery system for choosing the state’s five authorized nurseries. They also take aim at a provision allowing investors to partner with an unlimited number of nurseries. Growers say that’s an unfair advantage because they can enter the lottery only once.
Richard Blau is a lawyer at the GrayRobinson law firm who represents medical marijuana clients. He says, in rule challenges like these, judges normally give some deference to state agencies, but the novelty of the situation creates uncertainty.
“You could make the argument that that discretion shouldn’t be vested or attributed to the agency because it’s not like they have a long history of regulating marijuana," he says.
Florida’s health department wrote the proposed rules after taking input at public hearings. Early this year, the Legislature approved the "Charlotte's Web bill" authorizing non-smoked medical marijuana that doesn’t cause a high.
