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Medical Marijuana In Florida Could Be Halted

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Medical Marijuana In Florida In Peril

As noted in previous articles here and here, qualifying citizens will be able to legally buy marijuana in Florida sometime this year under the Compassionate Medical Cannabis Act. However, a new lawsuit has been filed by three losing Florida dispensary applicants to stop sales of medical marijuana in Florida while legal challenges to several of the first 5 Florida dispensary licenses are litigated. The losing applicants contend that several of the licensed Florida marijuana dispensaries should be forbidden from growing the low-THC marijuana allowed under current Florida marijuana laws. This new lawsuit also seeks to stop the Florida Department of Health from moving the low-THC Florida marijuana law forward.

New Florida Marijuana Lawsuit Challenges Implementation of Florida Marijuana Law

“To allow the prospective awardees to proceed with the cultivation and dispensing of a controlled substance prior to the resolution of the pending administrative challenges would defeat the intent and purpose of the APA (the Administrative Procedures Act, which governs administrative challenges) and potentially deny plaintiffs their administrative and due process rights,” the lawsuit says. “Moreover, organizations whose qualifications have not been finally determined, and whose representations on applications have in some instances been challenged, will be allowed to begin growing and dispensing a controlled substance, even though subsequent proceedings may lead to a determination they do not meet qualifications and they are not eligible for or entitled to serving as dispensing organizations.”

Legal Medical Marijuana Sales Will Not Stop Entirely Regardless

Although the new lawsuit tries to stop several of the licensed Florida dispensaries from growing legal medical marijuana, it does not seek to stop all licensed Florida dispensaries from growing. This should mean that qualifying Florida citizens will be able to legally buy medical marijuana in Florida by September of this year.

As always, we will keep you posted.



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