As medical marijuana legalization is becoming law of the land in states across the country, many states are struggling with best practices and how to implement the laws quickly and correctly. It often falls to state departments, local legislatures, and other agencies to sort out licensing and sales practices.
Though this process can be difficult for the government agencies in charge of such oversights, it is the citizens of the state who suffer the most when provisions are dragged out unnecessarily.
This has led to lawsuits filed by those who allege they have experienced direct pain or damages due to the way states are implementing new laws.Recently, a lawsuit was filed in Florida’s Second Judicial Circuit Court against the Florida Department of Health for failing to comply with Amendment 2 of the state’s constitution allowing for the sale and use of medical marijuana.
The amendment appeared on the ballot and received a majority vote in November 2016, and the state legislature signed into law provisions for implementation. According to Florida Senate Bill SB8A, the state Department of Health was mandated to issue 10 new Medical Marijuana Treatment Center (MMTC) licenses by Oct. 3, 2017, but had not at the time of the filing. MMTCs are the only places allowed to process, grow, and sell medical marijuana in the state.
The plaintiffs are a Florida nursery planning to provide medical marijuana and an epilepsy patient who is seeking relief from seizures.
The family who owns the nursery said they were inspired to convert …