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Department of Health officials are seeking to dismiss a challenge brought by the state’s largest grower over Florida’s burgeoning medical marijuana industry.
In September, Miami-based Costa Farms filed a suit with the state Division of Administrative Hearings. The challenge questioned the proposed rule 64-4, which seeks to use a lottery to award five licenses — one for each region of Florida — to cultivate and distribute Charlotte’s Web, the non-euphoric strain of medical marijuana legalized this spring by the Legislature and signed by Gov. Rick Scott.
Costa’s complaint also contends the proposed rule is invalid because another part of the rule restricts qualified nurseries to apply only once for a dispensary license, but other entities that partner with nurseries can submit multiple applications.
The DoH filed a dismissal on Monday, arguing that Costa has no legal standing to challenge the rule, basing its case on a deposition of Pedro Freyre, Vice President of the Foliage Division for Costa Farms, taken October 3.

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