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Florida regulators hold their second rule making hearing for growing and distributing Charlotte’s web marijuana on Friday. The low THC marijuana is supposed to be available early next year, but as Mike Vasilinda tells us,  the latest proposal appears to restrict distribution, which could create challenges, legally and for patients.

A day long hearing earlier this month to set rules for growing and distributing low THC marijuana know as Charlotte’s web drew a standing room crowd full of questions and concerns. “It seems a little irrational” said one speaker of the proposed rule.

Now the Department of Health has published a second draft proposal. The second effort is still raising eyebrows among interested growers. “I think they’ve made some strides, positive strides” says grower advocate Jeff Sharkey.

The new plan continues to divide the state into five regions of different sizes. North Florida has two regions totaling 4 million people, but central Florida would have only one region, and one grower, for 8 million residents. Sharkey says that could make obtaining the substance difficult for patients. “Having one dispensary in central Florida for 8 million people is very hard order, particularly when you are trying to get this pharmaceutical to patients who need it quickly.”

The plan also sticks with a lottery to pick 5 out of 50 people who could qualify to grow. The hope is that lottery will keep those who don’t get picked from suing.

Taylor Biehl says the lottery leaves to much to chance without considering the merits of each proposal. He also says Amendment two’s likely passage in November will be a game changer. “I certainly think that in anticipation of amendment two passing in November, that things will come to a standstill. There will be a lot of protests and litigation.”

The second rule making hearing is set for Friday. Licenses must be awarded by the first of the year.

To qualify for a license to grow medical marijuana in Florida, ,a nursery must have been in continuous operation for at least 30 years and be at least 25% owned by a Floridian.