On April 6, 2017 in Fort Lauderdale during a public hearing with the Florida Medical Board, MMJ4FLA notched up a win. The board decided NOT to make a decision on their own proposed ban and instead passed the buck to the state government to manage the issue. see video of the MMJ4FLA attorney here.

What authority does an agency need to adopt a rule?
A grant of rulemaking authority and a specific law to be implemented are required before an agency may draft a new rule, amend a current rule, or repeal an existing rule (reference). Furthermore, an agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy. from https://www.flrules.org/Help/newHelp.asp#Learn

 

PETITION
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