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Judge allows Charlotte’s Web rule challenge to continue

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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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Medical marijuana advocates disappointed, looking to 2016

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Medical marijuana advocates are now looking to 2016. One of the casualties of the budget debate raging between the House and Senate is a glitch bill for last year’s Charlotte’s Web law. SPB 7066 died when the House unexpectedly adjourned the 2015 session three days early. “I have never seen more lobbyists with their mouths literally drop (open) and I’ve been doing this for 25 years,” Ron Watson said. Watson works health issues and focused this year on the glitch…

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With House adjourning, United for Care says its going to 2016 ballot

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The Florida House has adjourned sine die, meaning it is abandoning the legislative session three days early and leaving a host of unresolved issues on the table. Among those issues is medical marijuana, which has been left dead for 2015. “Today the people we elected to represent us in Tallahassee literally abdicated their responsibility to Floridians. The House of Representatives decided to simply quit work, three days before the end of session, and with that, medical marijuana legislation is dead in Tallahassee,”…

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Charlotte’s Web rule challenge comes down to ‘snapshot in time’

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The battle over the Florida’s Charlotte’s Web law may come down to a snapshot in time. The question before administrative law Judge W. David Watkins is at what point Baywood Nurseries became an affected party with standing to sue and block the state from implementing the Compassionate Medical Marijuana Act of 2014. Put another way, to use the words of a Department of Health attorney, when did Baywood become “pregnant”? “Baywood was not pregnant on March 24,” DOH attorney Eduardo Lombard…

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Defense rests in Charlotte’s Web case; ruling to come down within 30 days

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The battle over the state’s Charlotte’s Web may come down to a snapshot in time. The question before administrative law Judge W. David Watkins is at what point did Baywood Nurseries become an affected party entitled to sue and block the state from implementing the Compassionate Medical Marijuana Act of 2014. Or, in the words of a Department of Health attorney, when did Baywood become pregnant? “Baywood was not pregnant on March 24,” DOH attorney Eduardo Lombard told Watkins. Lombard…

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Email insights: For medical marijuana legalziation, there’s always 2016

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When it comes to legalizing medical marijuana, it may once again rest in the hands of Florida voters. With only days left in the regular 2015 legislative session, a new email from United for Care says legislators are seemingly satisfied with running out the clock on comprehensive medical marijuana laws. The legislative session ends on May 1, though there is likely to be a Special Session to hammer out the state budget. “We had high hopes that our leaders would act…

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

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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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