Office of Medical Marijuana Use Notice of Challenges related to the issuance of MMTC registrations
The Department of Health, Office of Medical Marijuana Use and the Office of the General Counsel, hereby provide notice that the Department of Health (Department) has received six requests for registration as a medical marijuana treatment center (MMTC), pursuant to subparagraph 381.986(8)(a)2., Florida Statutes. The Department has issued denials of all six requests and has received a Petition for Administrative Hearing in five of these denials.
Subparagraph 381.986(8)(a)2., Florida Statutes, directs the Department to license as MMTCs, applicants that meet the requirements of the section, as outlined in sub-subparagraphs a. – c., in sufficient numbers to result in 10 total licenses issued pursuant to subparagraph 2. Subsequent to this legislative directive, the Department has issued seven of these ten licenses. Of the remaining three licenses, one is reserved for an applicant who is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011).
The citrus preference identified in subparagraph 381.986(8)(a)3., Florida Statutes, is only applicable to the same remaining licenses to be issued pursuant to subparagraph 381.986(8)(a)2., Florida Statutes, and are at issue in the pending legal challenges listed below. Anyone with a substantial interest in the remaining two licenses should take appropriate legal action. For further information, please contact Jessica Gallmon at (850)617-1427.
Spring Oaks v. DOH, DOAH Case No. 18-004471
Perkins v. DOH, DOAH Case No. 18-004473
Bill’s Nursery v. DOH, DOAH Case No. 18-004474
Dewar Nurseries v. DOH, DOAH Case No. 18-004463
Tree King v. DOH, DOAH Case No. 18-004472
