Orlando Sentinel

Judge rules for pot applicant

- By Dara Kam The News Service of Florida

TALLAHASSE­E — Health officials wrongly rejected an applicatio­n from a Gainesvill­e nursery in competitio­n to become one of the state’s five medical-marijuana dispensing organizati­ons, according to a ruling issued Friday.

The Florida Department of Health erroneousl­y disqualifi­ed Daniel Banks, the director of research and developmen­t for San Felasco Nurseries, for failing what is known as a “level 2” background screening, Administra­tive Law Judge R. Bruce McKibben wrote in the 17-page ruling.

The nursery was one of five vying for a sought-after dispensing organizati­on license in the Nnortheast region of the state, but lost out to another grower because of Banks’ Kansas convic- tion for a drug crime more than a decade ago.

State law bans convicted felons from being owners or managers of the dispensing organizati­ons.

Banks, then 18, pleaded no contest to illegal possession of Phenobarbi­tal in Kansas in 2004.

While the crime is a felony in Florida, it is a misdemeano­r under Kansas law.

“And since he was charged in Kansas, not Florida, his crime was a misdemeano­r, not a felony, for purposes of determinin­g whether it was a disqualify­ing offense,” McKibben wrote.

Banks later had his record expunged of the crime, which, under Kansas law, means “the conviction and nolo plea would not be a disqualify­ing event … because the conviction never happened,” McKibben wrote.

McKibben’s ruling Friday is the latest twist in the drawn-out battle over a 2014 Florida law authorizin­g non-euphoric marijuana for patients with chronic seizures or cancer.

Under the law, doctors were supposed to begin ordering the products for patients more than a year ago. But legal challenges, and the rejection of the health department’s first stab at a rule by a separate administra­tive law judge, have delayed its implementa­tion.

The law authorized five dispensing organizati­ons to grow, process and distribute marijuana that is low in euphoria-inducing tetrahydro­cannabinol, or THC, and high in cannabadio­l, or CBD. Nurseries that have been in business for at least 30 continuous years in Florida and grow a minimum of 400,000 plants were eli- gible to apply for one of the five coveted licenses.

A three-member panel — comprised of the health department’s Office of Compassion­ate Use Director Christian Bax; Patricia Nelson, who works for Gov. Rick Scott and was Bax’s predecesso­r; and a Department of Health accountant — ranked the dispensing organizati­on applicatio­ns last year. The panel ranked San Felasco higher than its competitor­s, according to documents provided by the Department of Health.

In November, health officials selected five applicants — one in each region of the state — from more than two dozen hopefuls seeking the coveted licenses. The selection of the five licensees set off another round of challenges; hearings in the cases are slated from March through August.

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