Two plant nurseries, Plants of Ruskin, Inc. and Costa Farms, LLC filed administrative challenges with the Florida Division of Administrative Hearings in September 2014. The nurseries are challenging the enactment of the proposed rules drafted by the Florida Department of Health, Office of Compassionate Use ("DOH"). Among other things, the nurseries are alleging the DOH has overstepped its rulemaking authority and created an improper lottery selection for dispensing organizations under Charlotte's Web.

Charlotte's Web, which became legal over the summer, legalized medical use of a non-euphoric marijuana strain for patients suffering from cancer or a physical medical condition that produces seizures or severe muscle spasms. Plants of Ruskin, Inc. and Costa Farms, LLC are eligible to apply for state licenses to grow, cultivate, process and dispense medical marijuana as a dispensing organization under the law.

Administrative Law Judge W. David Watkins consolidated these two challenges and set the hearing for these administrative hearings for October 14-15, 2014 in Tallahassee.