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Proposed rules favor existing growers<\/span><\/strong><\/p>\n TALLAHASSEE \u2013 Authors of Florida\u2019s voter-approved constitutional amendment that broadly legalized medical marijuana are blasting proposed rules to regulate the cannabis industry.<\/span><\/p>\n Proposed state regulations for the emerging medical marijuana industry favor large politically connected cannabis firms who are already in the game. <\/span><\/p>\n \n The proposed rules, released Tuesday by state health officials, would essentially maintain current vendors\u2019 stranglehold on the medical marijuana industry \u2013 poised to become one of the nation\u2019s top money-makers \u2013 by applying current Florida laws and rules to the constitutional amendment approved in November.<\/span><\/p>\n \u201cThe rule is basically ignoring the text of the constitutional amendment at almost every point of the way,\u201d Ben Pollara, campaign manager of the political committee backing the amendment, said in a telephone interview Tuesday.<\/span><\/p>\n Broader application<\/b><\/span><\/p>\n While medical marijuana was already a legal treatment for terminally ill patients in Florida, Amendment 2 authorized marijuana for a much broader swath of patients. More than 70 percent of voters supported the amendment, after a similar proposal narrowly failed to capture the requisite 60 percent approval two years earlier.<\/span><\/p>\n But applying current regulations to Amendment 2 \u2013 which includes specific requirements for how the amendment should be implemented \u2013 is wrong, Pollara insisted.<\/span><\/p>\n Board decision?<\/b><\/span><\/p>\n Of special concern to the amendment\u2019s authors, the proposed rule would give authority to the Florida Board of Medicine \u2013 and not individual doctors \u2013 to decide which patients qualify for the marijuana treatment.<\/span><\/p>\n The amendment allows doctors to order medical marijuana as a treatment for patients with cancer, epilepsy, glaucoma, HIV, AIDS, post-traumatic stress disorder, amyotrophic lateral sclerosis (ALS), Crohn\u2019s disease, Parkinson\u2019s disease or multiple sclerosis.<\/span><\/p>\n Physicians have authority<\/b><\/span><\/p>\n The ballot language gives doctors the power to order marijuana for \u201cother debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.\u201d<\/span><\/p>\n In contrast, the proposed rule would limit the unspecified conditions to those \u201cdetermined by the Florida Board of Medicine,\u201d something Pollara called the regulation\u2019s \u201csingle most problematic\u201d component.<\/span><\/p>\n \u201cThis is not one of those things that is up for interpretation by a court or anyone else,\u201d Pollara said.<\/span><\/p>\n Only 7 vendors<\/b><\/span><\/p>\n Among other issues, the proposed rule would maintain the state\u2019s current cap on marijuana vendors, limited now to seven licensed \u201cdispensing organizations,\u201d to treat an estimated 500,000 patients who would be eligible under Amendment 2.<\/span><\/p>\n While the proposed language may be amenable to the handful of operators already doing business in the state, the plan is anathema to those hoping to gain entree into Florida under Amendment 2\u2019s expansion of the industry.<\/span><\/p>\n \u2018Protecting monopolies\u2019<\/b><\/span><\/p>\n \u201cIt looks like the Department of Health is protecting the existing monopolies. I hope the Legislature chooses to act in creating a free market system. The Legislature has a chance to change that,\u201d said Ron Watson, a lobbyist who represents AltMed, a Sarasota-based company founded by former pharmaceutical industry executives who have obtained a medical marijuana license in Arizona and are seeking one in Florida.<\/span><\/p>\n Public hearings set<\/b><\/span><\/p>\n The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.<\/span><\/p>\n Department of Health spokeswoman Mara Gambineri said state officials \u201clook forward to receiving input from all interested stakeholders\u201d about the proposed rule.<\/span><\/p>\n \u201cThat\u2019s why we\u2019re having the five public meetings,\u201d supplemented by the ability to provide comments online, she said.<\/span><\/p>\n \u201cWe look forward to everybody\u2019s contributions,\u201d Gambineri said.<\/span><\/p>\n \u2018Beginning point\u2019<\/b><\/span><\/p>\n Sen. Rob Bradley, who shepherded the state\u2019s medical-marijuana laws during the 2014 and 2016 legislative sessions, said he intends to release a new measure as early as this week.<\/span><\/p>\n \u201cI interpret the actions today from the department as a beginning point, a foundation from which to build the medical cannabis system that we\u2019re going to have in the state of Florida,\u201d Bradley, R-Fleming Island, told The News Service of Florida. \u201cI would caution everyone not to overreact to the actions of the department. You have to start somewhere.\u201d<\/span><\/p>\n Amendment 2 may have forced health officials to move forward with a proposed rule before the Legislature weighs in. It gives health officials until July 3 to finalize regulations to implement the constitutional change.<\/span><\/p>\n \n Read more :\u00a0flcourier.com<\/a><\/p>\n<\/div>\n