Florida Faces Yet Another Challenge for Medical Marijuana Licenses

Monday, August 1, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Despite a previous law change allowing more Florida growers to try and obtain medical marijuana licenses, the state faced another challenge on July 6, 2016.  A Florida nursery and families of those promised medical marijuana for chronic illnesses filed an administrative challenge. The state of Florida originally licensed five growers, but the entire process has been tangled in a web of legal issues, causing a change in state law.  Now a grower can challenge the decision if its application for a license was not originally granted.

The Waiting Game.

Many families who claim that they desperately need medicine for their children are still waiting two years after the original law was passed. Since the law was passe two years ago, nothing has happened.  One family, Holley Moseley and her severely epileptic daughter, were reportedly told that the medication would be available by now. "We were told January 1, 2015, [THC] oil would be available to patients," Moseley said.

In 2014, the Moseleys originally helped pass Florida's first medical marijuana law. The new law allowed a low-THC cannabis, known as Charlotte's Web, to be grown and distributed in the state of Florida.  In tests, it has been shown to help seizure patients. To read further on this, click here.

Administrative Challenge.

On July 6, 2016, the Moseley family traveled to Tallahassee to support an administrative challenge brought from Gainesville-based Loop's Nursery.  The nursery claimed that it was wrongfully excluded from the original list of five growers. The nursery is now appealing the Florida Department of Health's  rejection of its application to grow the marijuana strain, popularly known as 'Charlotte's Web.' The administrative challenge may last into next week. Click here to read my prior blog on the five growers that were chosen originally.

The Department of Health's Office of Compassionate Use said it is confident the medicine will be available this fall despite the setbacks. "It's entirely likely that product will be available before September," said Christian Bax, of the Office of Compassionate Use.

To find out the current status of medical marijuana in Florida, read one of my prior blogs here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.


Galka, Matt. “State faces challenge for medical marijuana licenses.” News 4 Jacksonville. (July 7, 2016). Web.

Kinsey, Troy. “Nursery takes fight for 'Charlotte's Web' grower license to court.” Bay News 9. (July 6, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Florida medical marijuana legislation, medical marijuana for treatment of epilepsy, Charlotte’s Web, The Department of Health's Office of Compassionate Use, decriminalization of marijuana in Florida, health care attorney, defense lawyer, health law defense attorney, Florida medical cannabis, medical marijuana defense attorney, health law, The Health Law Firm

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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