Judge Sets Hearing In Medical Marijuana Dispute

TALLAHASSEE (CBSMiami/NSF) - The hearing in a legal challenge filed by an attorney on behalf of a 4-year-old who has an inoperable brain tumor has been set.

Administrative Law Judge Elizabeth McArthur scheduled a hearing for April 14 in a legal challenge to a proposed regulatory framework for the state's new medical-marijuana industry, according to a document posted on the state Division of Administrative Hearings website.

The case challenges a proposed Department of Health rule for carrying out a 2014 law that would make available a limited type of medical marijuana.

A Jacksonville attorney filed the challenge on behalf of 4-year-old Dahlia Barnhart, who has an inoperable brain tumor.

The challenge alleges that the department did not follow the law in drawing up the rule, in part taking issue with the way the department proposes selecting five "dispensing organizations," which would grow, process and dispense the cannabis.

In November, another administrative law judge rejected the department's first attempt at a rule to carry out the law, which allows a type of marijuana that is low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD.

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