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If no challenges are filed, the agency could begin accepting applications by mid-July. But that prospect is unlikely, industry insiders believe. “There may be some people in the room that want to slow this down because they’re not ready to apply yet,” said Jeff Sharkey, a lobbyist and founder of the Medical Marijuana Business Association of Florida. Legal and administrative challenges have become part of the state’s medical-marijuana odyssey. “If the scoring happens in a certain way, and somebody disagrees with it … then there’s probably bound to be some protests. It’s a very litigious process here, after the awards are made,” Sharkey said. The proposed application-process rule is one of a series of regulations that have been harshly criticized by a legislative committee whose job it is to ensure that agency’s rules correctly implement state laws. Bax has been under fire for months for refusing to respond to the Joint Administrative Procedures Committee’s objections to his office’s proposed and emergency regulations. Many of the problems identified by the committee were characterized as an unauthorized regulation that “enlarges, modifies or contravenes” the 2017 law. For example, the law requires health officials to issue four more licenses once the number of eligible patients in a statewide database reaches 100,000, and an additional four licenses after another 100,000 patients are registered. One of the health department’s emergency rules allows Bax to issue four “contingent” licenses to applicants who are not selected in the initial round of evaluations, something the oversight committee says the Office of Medical Marijuana Use is not authorized by law to do. In March, Department of Health General Counsel Nichole Geary told the committee’s executive director, Kenneth Plante, that the agency was “working diligently to move forward with new rules in light of the objections raised by the committee” so that health officials could begin accepting applications in the spring. But the rule proposed on May 1 ignored several of the committee’s objections, Plante pointed out in a letter this month, asking if it was an oversight or if the department refused to make the modifications.
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