W. David Watkins

State to split 14 medical marijuana license challenges among three administrative judges

Published on January 4, 2016 in Statewide/Top Headlines by Scott Powers

Florida’s Division of Administrative Hearings has split up the fourteen challenges to the state’s newly-awarded medical marijuana licenses, re-assigning the three Central Region challenges to Judge Elizabeth W. McArthur and the four Northeast region cases to Judge R. Bruce McKibben. Initially, the challenges all had been assigned to Judge W. David Watkins, who had presided over several medical marijuana law cases in 2014 and ’15 while the Florida Department of Health struggled to set up the state’s limited medical marijuana program. Watkins will remain busy,…

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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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Investors and growers await Charlotte’s Web ruling

Published on April 27, 2015 in Statewide/Top Headlines by James Call

It’s a waiting game. Transcripts from a two-day hearing on the state’s medicinal marijuana law will be posted Monday. Later this week, briefs on a motion to dismiss the suit blocking implementation of the law authorizing low-THC cannabis as medicine are due in court. It’s been almost 11 months since Gov. Rick Scott signed the Compassionate Medical Cannabis Act of 2014 but the law allowing epileptic children and cancer patients to use cannabis oil has been tied up in court. “It’s frustrating…

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

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

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

Published on April 24, 2015 in Uncategorized by James Call

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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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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