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Are you wondering how to open a dispensary in Florida? This page is dedicated to keeping you up to date on the latest news and information relevant to opening a cannabis business in Florida. This includes helpful insights on what is to come next for the state.
On January 19, 2021, State Representative Yvonne Hayes Hinson filed HB 291, a bill for the legalization of recreational marijuana. If it is passed, people age 21 and older would have been allowed the personal use of marijuana in limited amounts. However, the bill died in the Regulatory Reform Subcommittee on April 30, 2021.
In the same week, two Florida lawmakers introduced bills aiming to allow medical marijuana stores to sell recreational marijuana to residents of Florida: Pinellas County Sen. Jeff Brandes introduced SB 710 on January 21, 2021, while Orlando Rep. Carlos Guillermo Smith filed HB 343 just a few days prior. Both of these bills would have allowed people age 21 and older to purchase and use limited amounts of marijuana (up to 2.5 ounces of cannabis, or a product with up to 2 grams of THC) without requiring a medical marijuana card. However, both bills died and did not pass into law.
On August 8th, 2022, the Florida company Trulieve Cannabis filed a constitutional amendment with the state’s Division of Elections to let anyone over 21 buy and use cannabis. Not only did Trulieve help write the proposal, but it has also given $5 million to the campaign, making it a major backer. More companies are also expected to help, and the Bellamy Brothers, a country and pop music duo, have already given their official support. Still, the campaign will have a hard time to get on the ballot, it needs to collect and send in the signatures of nearly 900,000 voters.
On December 19th, 2022, the Florida Department of Health issued emergency rules for organizations seeking a medical marijuana treatment center license to cultivate, process, and dispense medical marijuana. The state would not make all of the new licenses immediately available but will instead distribute them in “batches.” You can read the rules here.
On February 3rd, 2023, the administration of Florida Governor Ron DeSantis announced that the state’s health officials will accept applications for medical marijuana licenses from April 24th to April 28th. A total of 22 new licenses will be available, bringing the total number of licensed operators to 44.
As May 2023 came to an end, Florida’s Department of State confirmed that a proposed ballot measure to legalize recreational marijuana had gathered enough signatures for the 2024 ballot. The amendment, backed by Smart & Safe Florida, received 1,013,352 valid signatures as of July 31, surpassing the requirement. If approved, adults over 21 could possess up to three ounces of marijuana, and medical marijuana treatment centers could sell it for recreational use.
On July 24th, 2023, the Florida Supreme Court granted a request by the state attorney general for more time to file a brief arguing against a marijuana legalization initiative on the 2024 ballot. The Attorney General’s office, along with the Florida Chamber of Commerce and the Drug Free America Foundation, cited numerous other responsibilities for the extension request. The proposed initiative faces opposition from the attorney general, who argues that the ballot summary is misleading. Despite the opposition, activists are confident the court will find the proposal compliant with constitutional requirements. The next step is oral arguments, but they haven’t been scheduled yet.
Politicians and residents have expressed support for initiatives like these.
Current estimates project that recreational marijuana sales will top $32 billion by 2024. With a population size projected to reach approximately 21.9 million in 2021, it’s clear that the state will be a hot market for recreational marijuana.
Additionally, the legalization of recreational marijuana in the state will have significant effects on its projected tax revenue. According to state economists, retail impacts would amount to $2.1 billion, sales tax would reach $128 million, and tourism sales and taxes could peak at $672 million. This also has the added benefit of preventing budget cuts to essential sectors such as healthcare and education.
Had recreational marijuana been approved the previous year, experts say that it could have added $190 million in sales tax and tourism dollars to Florida annually and could have increased the number of jobs related to hemp, cannabis, and marijuana by more than sevenfold by 2025.
As recreational marijuana rules start to change in a state, it is not uncommon for towns and municipalities to enforce their own rules for what is allowed and what is not. Some communities will strongly support state legislation, while others will show mixed support, and a few will almost certainly disagree with whatever the state decides.
Sarasota County, for example, has moved once again to restrict recreational marijuana, regardless of its legalization status in the state. Meanwhile, cities such as Boca Raton, Coral Springs, Margate, Tamarac, Pembroke Pines, Delray Beach, Highland Beach, Hillsboro Beach, Lauderdale-by-the-Sea, Royal Palm Beach, Sea Ranch Lakes, and Southwest Ranches have enforced bans on marijuana dispensaries.
On November 8, 2016, the Florida Medical Marijuana Legalization Initiative (also known as Amendment 2) was included on the Florida ballot as an initiated constitutional amendment and was afterward approved. Less than a year later, on June 9, 2017, the Florida State Legislature passed SB 8A, also known as the Medical Use of Marijuana Act, which defined the medical conditions qualifying a patient for medical marijuana. The stated conditions include cancer, epilepsy, glaucoma, and HIV/AIDS.
A report from the Office of Medical Marijuana Use (OMMU) says that as of January 14, 2022, Florida has 661,496 people who qualify for medical marijuana, 2,849 qualified doctors, and 398 dispensing locations.
To open a dispensary in Florida, there are rules and regulations provided by the Department of Health, which include an initial application fee requirement of $60,063. You must have a Medical Marijuana Treatment Center license to be able to dispense, cultivate, process, and transport medical marijuana in Florida.
It is important to note, however, that the state department is not accepting applications for MMTCs at this time. An application rule and the date on which the OMMU will begin accepting applications shall be published in the Florida Administrative Register.
Despite public support for adult-use marijuana, the road to legalization is not expected to be an easy one. One of the biggest problems would be heavy opposition from Central Florida, where theme parks and the hospitality industry are against legalizing marijuana to keep the area’s reputation as a “family-friendly” place to visit.
If legalization efforts fail, it may be up to the voters to decide. The Florida Marijuana Legalization Initiative may appear on the Florida ballot as an initiated constitutional amendment on November 8, 2022.
If HB 291 passes, here are the guidelines for recreational use dispensary applications:
An applicant for a marijuana business license will have to fill out the form that the division requires for the type of license they want. According to the bill, the division will begin accepting and processing applications by August 1, 2022. Upon receipt of an application, the division shall promptly forward a copy of the application and half of the license application fee to the locality in which the applicant wishes to operate. A license can be given or renewed if the applicant meets all the requirements within 90 days of when the application was received.
As mentioned earlier, the Florida Marijuana Legalization Initiative may appear on the state ballot as an initiated constitutional amendment. A petition for this is being led by Nick Hansen, chairman of Make it Legal Florida. According to Hansen, judging from the normalization of medical marijuana use in the state, the odds of approval are good if the decision were to be placed in voters’ hands.
As Florida moves toward full legalization, many new events will unfold that will be relevant to those looking to start a cannabis business in Florida. By adding yourself to Cannaspire’s Florida Cannabis Mailing List (below), you will be updated on how to open a dispensary in Florida and all relevant sunshine state news that matters, difficult to find news, and commentary from key figures involved in Florida’s recreational and medical cannabis industry.
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