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If you are a patient using medical marijuana, do you want it grown by the most qualified grower, or the luckiest.? That’s the argument being played out in a hearing room at the state Capitol.

The rule adopted by the state to license growers of medical marijuana calls for five nurseries to be selected by a lottery. All have to have at least 30 years experience, but experience at what is one of the questions being asked in this administrative challenge. Ruskin Grower Robert Tornello testified that experiences could vary widely, affecting the quality of the final product. “These guys have tomato fields and farms where they’re just growing plants out there. They don’t have green house facilities, or they may not actually have  experience growing anything to the level food would require as far as safety issues” says Tornello.

The challenge was brought by a large grower and Louis Rotundo from the Florida Medical Cannabis Association. “if you have measurable criteria, you don’t need a lottery. That’s our point” says Rotundo.

The Department of Health’s General Counsel stood by the lottery during hours of testimony. Afterwards we asked if ”Everyone will be qualified will go into the lottery, no one not qualified will go into the lottery?” Her response: “That’s correct. The rule speaks for itself.”

The argument being made against selecting a marijuana grower based on the lottery is that you’’ll end up with the luckiest grower, not the best.

Steve Turner represents Costa Farms. “Government should not select minimally qualified, they should select, and I think the legislature contemplated they would select the best, the most superior qualified person” says Turner.

Each challenge threatens to delay the licensing and potentially the delivery of low TCH marijuana to qualified patients.

The administrative judge could order the state back to the drawing board…or could approve the plan for a lottery…which would likely lead to more legal action.