Baywood Nurseries

Final arguments heard in Charlotte’s Web challenge

Published on May 8, 2015 in Statewide/Top Headlines by James Call

The latest challenge to proposed regulations for Florida’s medical marijuana law is in its final stage. Late Thursday, attorneys for the Department of Health and Baywood Nurseries filed proposed final orders with Judge W. David Watkins. The two sides repeated the arguments they made during a hearing last month. Baywood went into greater detail in its complaint about the makeup of a negotiated rulemaking committee, the lack of definitions for terms used, the absence of an appeals process for license revocation…

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Judge allows Charlotte’s Web rule challenge to continue

Published on May 4, 2015 in Statewide/Top Headlines by James Call

Baywood Nurseries’ challenge to a proposed regulatory structure for a medicinal marijuana industry will move forward. Judge W. David Watkins, on Monday, rejected a Department of Health’s motion to dismiss the challenge based on the Apopka growers’ lack of standing. DOH had cited a 30-year-old ruling in a Medicaid case in which a challenge to a rule prohibiting payment for an abortion was rejected because the petitioner was not pregnant. DOH had argued that like, Alice P., Baywood lacked standing…

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Compassionate Use director grilled for three hours on Charlotte’s Web rule

Published on April 24, 2015 in Statewide/Top Headlines by James Call

Patricia Nelson, director of the Florida Office of Compassionate Use, spent most of her Friday morning on the defensive. What kept her busy was justifying the plan to regulate the state’s nascent marijuana industry. For three hours and 10 minutes, attorneys for Baywood Nurseries of Apopka grilled Nelson about licensing requirements to grow marijuana and dispense cannabis oil. They were challenging the proposed rule as unfair, saying it effectively blocks smaller nurseries from qualifying for a license, Baywood sued to…

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Charlotte’s Web hearing to enter second day, glitch bill still on Senate calendar

Published on April 23, 2015 in Statewide/Top Headlines by James Call

A potential Florida medical marijuana grower is getting every opportunity to make its case in court. Baywood Nurseries of Apopka insists the proposed rule to enact the 2014 Charlotte’s Web law by the Florida Department of Health is unfair to smaller nurseries, blocking them from applying for one of the five licenses available to grow marijuana. The DOH response: Baywood has no case. “We shouldn’t be here for a hearing and another delay,” protested DOH lawyer Eduardo Lombard. Judge W. David…

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Charlotte’s Web challenge dismissed; DOH ordered to respond to last one

Published on April 22, 2015 in Statewide by James Call

One challenge remains to block planting Florida’s first legal marijuana crop. And the Department of Health has a 5 p.m. deadline Wednesday in its effort to defeat it and begin implementing the Compassionate Medical Cannabis Act of 2014. Late Tuesday, Judge W. David Watkins dismissed the challenge filed by Master Growers. The order is here. Watkins ruled that Master Growers lacked standing to sue DOH over a proposed rule to award five licenses authorized by lawmakers to grow marijuana and dispense…

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Charlotte’s Web ‘glitch’ bill pulled from Senate floor

Published on April 22, 2015 in Top Headlines by James Call

On Wednesday morning, state Sen. Rob Bradley temporarily postponed Senate consideration of SPB 7066, the legislative fix for the Compassionate Medical Cannabis Act of 2014. Scheduled for a second reading is the measure addressing concerns believed to be driving legal challenges to a proposed rule for the Act. Meanwhile, the state Department of Health faces a 5 p.m. deadline Wednesday in its effort to defeat the last remaining challenge to its proposed regulatory structure for the Charlotte’s Web law. “We’re in a…

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