After months of waiting, five new medical marijuana growers won’t be getting their state-issued licenses to cultivate and sell the state’s newest prescription drug on time. On Friday, state officials said Florida will miss the deadline to dole out five new licenses to cultivate and sell medical marijuana in the Sunshine State.
According to a recently-passed law, state health officials were supposed to distribute 10 medical marijuana licenses by Oct. 3 — Tuesday — to new growers attempting to capitalize on the state’s fast-growing and highly competitive medical marijuana industry.
Now it appears those growers hoping to cash in on the growing market will have to wait a little longer for their “in” to the medical marijuana business.
Christian Bax, the executive director of the state’s medical marijuana office, said Friday there would be a delay in issuing the licenses in part due to Hurricane Irma and a recently-filed lawsuit from a black farmer which alleges a portion of the state’s new medical marijuana law is unconstitutional.
Last month, a black farmer from Panama City filed a lawsuit against the legislation in Leon County circuit court, alleging the state’s newest law on medical marijuana is unconstitutional because it is “unfairly” narrow.
The farmer, Columbus Smith, said there are so many restrictions that only a very small number of black farmers can qualify to get one of the coveted licenses to grow medical marijuana in Florida.
The Department of Taxation has formally asked Attorney General Adam Laxalt for an opinion on whether the law allows marijuana use at special events and in lounges.
The request was made in the wake of a Legislative Counsel’s opinion the voter-approved law allowing recreational marijuana use doesn’t specifically prohibit marijuana consumption and possession in places where the public isn’t allowed and where entry is restricted to people 21 and over.
That LCB opinion also states local governments have the authority to license such businesses and consumption lounges or the use of marijuana at special events just as those governments license other businesses.
The issue has been raised numerous times since the voters approved decriminalization of recreational marijuana with backers including State Sen. Tick Segerbloom, D-Las Vegas, pointing out there’s a huge tourist market for allowing the use of pot at special events.
When that opinion was announced, Gov. Brian Sandoval expressed reservations pointing out an LCB opinion doesn’t legally carry the weight of an official Attorney General’s Opinion.
The request for an opinion issued this week simply asks the Attorney General to have his staff weigh in on the issue and rule on whether that authority is inherent in the voter-approved law or not.
“Does there need to be state law that provides for the licensing and regulatory structure of businesses that allow for marijuana use or consumption like the statutes that make the opening and maintaining of marijuana establishments lawful under state law?” asks the formal request signed by Taxation Director Deonne Contine.
She pointed out the LCB opinion raises many questions about the issue and the state’s authority to regulate marijuana businesses.
credit:420intel.com
