Florida Nursery to Challenge Tossed CBD Application

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Even though Florida hasn’t awarded its five CBD licenses to nurseries that applied earlier this month, it looks as though the state will face at least one administrative challenge.

Two nurseries that filed applications after the July 8 deadline contend that officials told them submitting their paperwork late was OK due to inclement weather, but the health department dismissed the applications afterwards anyway.

Now, at least one of those two nurseries plans to file a challenge with the department. Such challenges are allowed within three weeks of a denial notification.

The nursery that plans to file a challenge, O.F. Nelson & Sons, claims it was told it could turn in an application a day late because of a storm, so the application was time-stamped at noon on July 9. The other, Ed Miller and Son Nursery, was just under half an hour late, but was also told that its application would be accepted.

Executives with the Miller nursery are “reviewing our options,” a partner told the News Service of Florida.

It’s unclear as to whether such challenges could wind up in court, but lawsuits over licensing processes have become increasingly common in medical cannabis states that only issue a limited number of permits.