Florida
Because each state has different marijuana laws, it’s important to know the legal history and current regulations for your state. Some states only permit medical marijuana use, while others also allow recreational use. Each state will also have its own licensing structure, specific requirements for application, and limits on the number of licenses they will grant.
The medical and recreational marijuana market legislation is complex and ever-changing. Therefore, it’s not advisable to attempt to obtain a permit for your cannabis business on your own. Your state may have specific windows for licensing applications. Without a state cannabis consulting professional to guide you, you risk missing deadlines and losing what could be your only chance to acquire a license.
To make it through the rigorous application process, entrepreneurs interested in pursuing a marijuana license in Florida should seek the expertise and guidance of state cannabis consultants.
Review the full text of the Florida Medical Marijuana Program at: The Florida Department of Health Office of Medical Marijuana Use (OMMU) Rules and Regulations
THE LATEST NEWS IN CANNABIS OPPORTUNITIES IN FLORIDA
The Florida Department of Health Office of Medical Marijuana Use (OMMU) oversees the licensing of Florida businesses to cultivate, process, and dispense medical marijuana to qualified patients. Only licensed medical marijuana treatment centers (MMTCs) can cultivate, process, and dispense low-THC cannabis and medical marijuana. Each MMTC must receive authorization at three stages:
- Stage I: cultivation authorization
- Stage II: processing authorization
- Stage III: dispensing authorization prior to dispensing low-THC cannabis or medical marijuana.
The signing of Senate Bill 8A in June 2017 was to ensure that the Department would have regulations for the medical marijuana program by July 3rd, 2017, to be implemented by October 3rd, 2017. However, it wouldn’t be until May 1st, 2018 that the Department would file a Notice of Proposed Rule, proposing to update definitions and processes for the registration of MMTCs. On April 16th, 2019, the Department granted eight more permits to MMTCs who were unsuccessful in the 2015 round of licensing.
The rules and regulations on MMTCs are constantly being amended, and the rulemaking process is still in progress. Additional permits for MMTCs will also depend on the number of qualified patients on the registry. This means you have time to prepare for the next round of licensing. Florida has a long list of minimum requirements, including:
- The applicant has been registered to do business in Florida for five consecutive years prior to submission of the application.
- The technical and technological ability to cultivate and produce marijuana, including, but not limited to, low-THC cannabis.
- Possession of a valid nursery certificate of registration issued by the Department of Agriculture and Consumer Services.
- The employment of a medical director to supervise the activities of the MMTC.
- A diversity plan that promotes and ensures the involvement of minority persons and minority business enterprises.
- Within ten days of licensure, successful applicants must post a $5 million performance bond issued by an authorized surety insurance company.
Because of Florida’s strict MMTC requirements, it is advisable that you seek the help of a state cannabis consultant. Higher Yields Cannabis Consulting can help you navigate your way through the marijuana industry’s constantly evolving regulations so your cannabis-related business can leverage the competition and thrive. Our team of talented cannabis business license writers has worked on over 100 applications, helping cannabis business owners win licenses in over ten countries on four continents.
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One of the requirements to become a licensed MMTC in Florida is the ability to secure the premises necessary to operate as a medical marijuana treatment center. The infrastructure should also be reasonably located to dispense marijuana to registered, qualified patients statewide or regionally as determined by the Department.
Higher Yields Cannabis Consulting also provides cannabis real estate services. Our team of cannabis real estate consultants can help you find a suitable location and advise on which properties will make the most sense for your business model.
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Also, on August 7th, 2019, Democratic state Rep. Shervin Jones filed House Bill 25, a bill to decriminalize marijuana in Florida. The proposal is filed for the 2020 legislative session. With recreational marijuana taking steps closer to legalization, there may be more opportunities in Florida for cannabis business owners in the near future.
Higher Yields Cannabis Consulting can help ensure you're ready when that time comes. You will be equipped with a well-built business plan, standard operating procedures (SOPs), strong financials, and cannabis-friendly real estate. Whether you already own a canna-business or want to get into the business, we can help.
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FLORIDA MARIJUANA MEDICAL MARIJUANA TREATMENT CENTER LICENSE GUIDELINES
Status: The Florida Department of Health Office of Medical Marijuana Use (OMMU) is still in the rulemaking process and not accepting applications for MMTCs at this time.
Application Window: Closed.
Application Fee & Licensing Fee: Application fee $60,830.00 (non-refundable)
THE HISTORY OF MARIJUANA IN FLORIDA
On June 16th, 2014, Gov. Rick Scott signed into law the "Compassionate Medical Cannabis Act" or Senate Bill 1030, legalizing the use of low-THC, high-CBD cannabis oil.
On November 8th, 2016, Amendment 2, or the 2016 Medicinal Marijuana Constitutional Amendment, was approved, legalizing the use of cannabis with a doctor’s recommendation for treatment for qualifying medical conditions. The state awarded seven Medical Marijuana Treatment Centers (MMTC) to grow, process, and dispense the low-THC marijuana.
In June 2017, Rick Scott signed Senate Bill 8A into law, ensuring regulations, as outlined by Amendment 2, have been drafted and implemented by October 3rd, 2017. SB 8A includes ten new licensed MMTCs in Florida.
In March 2019, a bill removing the prohibition on smoking medical cannabis was passed.
On August 7th, 2019, Democratic state Rep. Shervin Jones filed House Bill 25, a bill to decriminalize marijuana in Florida. The proposal is filed for the 2020 legislative session.