Katelyn Baker
Well-Known Member
An administrative law judge says the Florida Department of Health has made a mess of medical marijuana regulations. Judge John Van Laningham's expected ruling in a southwest Florida case sometime next month could throw the state's budding cannabis industry into total disarray.
Two years ago, the Florida Legislature made five licenses available to grow marijuana and process oil as a form of medicine. Since then, three organizations have opened a dispensary providing cannabis products for epileptic and other patients suffering debilitating illnesses. Van Laningham's findings could reopen the licensing process because he's signaling he thinks the department has failed to apply the law and rules equitably to all applicants.
His ruling will apply only to the 11 counties of the southwest district, including Lee and Collier, but Van Laningham's findings do not stand in isolation. They mirror the argument that grower Anthony Ardizzone of Edward Miller and Son Inc., is waiting to make in a case he filed in Leon County Circuit Court. Ardizzone argues DOH favored some applicants over others.
"He confirms that the rules were applied inequitably to applicants," Ardizzone said about Van Laningham's order. "All I'm looking for is a fair shake. He said what I've been arguing all along; we were not treated equally."
DOH has filed a motion to have the suit dismissed. It said Ardizzone missed the deadline to challenge the department's decision not to award Ed Miller and Sons a license. Ardizzone counters DOH was not forthcoming with information. He said DOH's mishandling of the application process did not come to light until the department was forced to answer questions in administrative court in response to suits filed by other growers.
"We didn't know until we started digging," said Ardizzone. "Then we found they allowed applicants to change their applications after the deadline. They accepted surety bond payments after the deadline. Why did they strictly apply the rules only to me?"
A hearing on a motion to dismiss the suit is scheduled for Nov. 8.
A big stash of cash is at stake in the court proceedings. Experts expect the state's medicinal marijuana market to be worth more than $770 million when fully mature. In 2014, when lawmakers passed a medicinal marijuana law, they approved a limited number of licenses to grow pot.
In administrative court, Van Laningham harshly criticized DOH's implementation of the law and its own rules. When he denied a department's motion to dispute his finding that Alpha Foliage was a legal applicant for a license he explained why he thought DOH was playing word games and disingenuous in defense of its decisions.
In reversing DOH's finding that Alpha Foliage met the 30-year nursery requirement, Laningham said DOH took "deceptive advantage" of the fact that "nursery" could mean either the ground where the plants are grown or the company which puts plants in the ground. Laningham lectured DOH that Florida law "clearly and unambiguously" uses the term to mean "organization" and not property.
He declared that Alpha was not a legal applicant, should never have been awarded a license, and intends to reopen the licensing process for the 11-county southwest district. He wrote DOH's defense "rests upon a mélange of premises" and "manages to combine a non-sequitur, a faulty comparison, and a red herring." He termed the department's defense as "illogical" and "unpersuasive."
Van Laningham also found DOH had not legally "scored" the applicants, calling into question the process in which all five of the coveted licenses were awarded. After consulting a dictionary for the plain meaning of words, Laningham said DOH "ranked" instead of "scored" the applicants.
When asked about Laningham's conclusions, a DOH spokeswoman said, "the department has not received Judge Van Laningham's recommended order as of yet and will review it once it is received."
DOH has until Oct. 17 to resolve the questions and concerns Laningham has raised in the challenge filed by Plants of Ruskin. Unless DOH convinces him otherwise, Laningham is signaling in his final recommended order he intends to reopen the licensing process and pick another winner.
"I'm going to look forward to the department's response," said lobbyist Louis Rotundo. "The judge made some compelling points to support his argument that this is not correct."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Florida's Medical Pot Regulations May Go Up In Smoke
Author: James Call
Contact: Tallahassee Democrat
Photo Credit: Getty Images
Website: Tallahassee Democrat
Two years ago, the Florida Legislature made five licenses available to grow marijuana and process oil as a form of medicine. Since then, three organizations have opened a dispensary providing cannabis products for epileptic and other patients suffering debilitating illnesses. Van Laningham's findings could reopen the licensing process because he's signaling he thinks the department has failed to apply the law and rules equitably to all applicants.
His ruling will apply only to the 11 counties of the southwest district, including Lee and Collier, but Van Laningham's findings do not stand in isolation. They mirror the argument that grower Anthony Ardizzone of Edward Miller and Son Inc., is waiting to make in a case he filed in Leon County Circuit Court. Ardizzone argues DOH favored some applicants over others.
"He confirms that the rules were applied inequitably to applicants," Ardizzone said about Van Laningham's order. "All I'm looking for is a fair shake. He said what I've been arguing all along; we were not treated equally."
DOH has filed a motion to have the suit dismissed. It said Ardizzone missed the deadline to challenge the department's decision not to award Ed Miller and Sons a license. Ardizzone counters DOH was not forthcoming with information. He said DOH's mishandling of the application process did not come to light until the department was forced to answer questions in administrative court in response to suits filed by other growers.
"We didn't know until we started digging," said Ardizzone. "Then we found they allowed applicants to change their applications after the deadline. They accepted surety bond payments after the deadline. Why did they strictly apply the rules only to me?"
A hearing on a motion to dismiss the suit is scheduled for Nov. 8.
A big stash of cash is at stake in the court proceedings. Experts expect the state's medicinal marijuana market to be worth more than $770 million when fully mature. In 2014, when lawmakers passed a medicinal marijuana law, they approved a limited number of licenses to grow pot.
In administrative court, Van Laningham harshly criticized DOH's implementation of the law and its own rules. When he denied a department's motion to dispute his finding that Alpha Foliage was a legal applicant for a license he explained why he thought DOH was playing word games and disingenuous in defense of its decisions.
In reversing DOH's finding that Alpha Foliage met the 30-year nursery requirement, Laningham said DOH took "deceptive advantage" of the fact that "nursery" could mean either the ground where the plants are grown or the company which puts plants in the ground. Laningham lectured DOH that Florida law "clearly and unambiguously" uses the term to mean "organization" and not property.
He declared that Alpha was not a legal applicant, should never have been awarded a license, and intends to reopen the licensing process for the 11-county southwest district. He wrote DOH's defense "rests upon a mélange of premises" and "manages to combine a non-sequitur, a faulty comparison, and a red herring." He termed the department's defense as "illogical" and "unpersuasive."
Van Laningham also found DOH had not legally "scored" the applicants, calling into question the process in which all five of the coveted licenses were awarded. After consulting a dictionary for the plain meaning of words, Laningham said DOH "ranked" instead of "scored" the applicants.
When asked about Laningham's conclusions, a DOH spokeswoman said, "the department has not received Judge Van Laningham's recommended order as of yet and will review it once it is received."
DOH has until Oct. 17 to resolve the questions and concerns Laningham has raised in the challenge filed by Plants of Ruskin. Unless DOH convinces him otherwise, Laningham is signaling in his final recommended order he intends to reopen the licensing process and pick another winner.
"I'm going to look forward to the department's response," said lobbyist Louis Rotundo. "The judge made some compelling points to support his argument that this is not correct."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Florida's Medical Pot Regulations May Go Up In Smoke
Author: James Call
Contact: Tallahassee Democrat
Photo Credit: Getty Images
Website: Tallahassee Democrat
