With the case possibly getting tossed out, an administrative law judge has canceled a hearing next week in a challenge to a proposed rule for the state's new medical-marijuana industry.

Judge Elizabeth McArthur last week dismissed the case filed on behalf of a 4-year-old girl with an inoperable brain tumor and canceled a hearing scheduled for April 14.

McArthur, however, gave the girl's attorney an opportunity to file an amended case and address concerns about whether the child, Dahlia Barnhart, has legal standing to challenge the proposed rule.

Attorneys for the Florida Department of Health filed a motion Monday for final dismissal of the case because the girl's attorney had not submitted the amended petition. As of Tuesday afternoon, McArthur had not ruled on that motion.

The Legislature last year passed a law that allows a limited type of non-euphoric medical marijuana but left it to the Department of Health to approve a rule that would provide a regulatory framework.

Another administrative law judge rejected the department's first attempt at a rule last year, and the department then drew up a new proposal.

That has drawn three challenges, including the challenge filed on behalf of the child. The other two challenges continue and have been consolidated. They are scheduled for a hearing April 23 in Tallahassee.

From our media partner News Service of Florida


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