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Recreational Marijuana Coming to Florida
Florida will likely be one of the next states to introduce a recreational cannabis market if Amendment 3 is passed.
Amendment 3 will make recreational cannabis and cannabis products legal for use by individuals 21 years-of-age and older. The amendment would permit possession of non-medical marijuana up to 3 ounces, and up to 5 grams in concentrated form. The supreme court approved the statewide amendment giving it a spot on the next ballot open to Floridians November 2024.
Amendment 3 will allow existing Medical Marijuana Treatment Centers to sell marijuana for personal use to adults. If the amendment is passed, the Florida State Legislature would need to develop laws to regulate licensing and permit the establishment of other businesses to support the recreational cannabis supply chain. As of now, there are no formal regulations and licensing process in Florida since the recreational market cannot open until Amendment 3 is passed.
Medical Marijuana in Florida
The Florida Medical Marijuana Legalization Initiative, also called Amendment 2, was placed on the Florida ballot as a constitutional amendment and passed on November 8, 2016. Less than a year later, on June 9, 2017, the Florida State Legislature passed the Medical Use of Marijuana Act, specifying cancer, epilepsy, glaucoma, and HIV/AIDS as conditions that qualify patients for medical marijuana. In Florida, you cannot get a cannabis cultivation license, cannabis processing license, or Florida dispensary license. All of these activities are encompassed by a single license, called the Medical Marijuana Treatment Center license.
With the recreational market expected to open after November 2024 (assuming Amendment 3 is passed), Medical Marijuana Treatment Centers (MMTC) can begin selling products to anyone 21 and older shortly after. Getting an MMTC license, or obtaining ownership of an MMTC will be the first chance to sell into the recreational marijuana market. MMTC applications are currently closed, restricting new MMTCs from opening in Florida.
How to Start a Medical Marijuana Business in Florida
The state department is currently NOT accepting applications for MMTC Licenses. Any details regarding application rules and the commencement date for accepting applications will be published in the Florida Administrative Register.
Starting a medical marijuana business in Florida requires a MMTC license. This cannabis license in Florida allows an individual to cultivate, process, transport, deliver, and dispense medical marijuana in accordance with all regulatory requirements established in the Initial Application Requirements for Dispensing Organizations, and the rules displayed in the Senate Amendment. The amendment establishes additional rules that Medical Marijuana Treatment Centers must uphold.
With the Medical Marijuana Treatment Center License, individuals can engage in any combination of cultivation, processing, transporting, delivery, and dispensing, as long as every applicable regulation is compliant with the Initial Application and any amendments to the initial application, and the Senate Amendment regarding MMTCs. However, every center must dispense at least one low THC product to medical mairjuana patient. Keep this in mind while planning your business.
Applying for a Medical Marijuana Treatment Center License
All applicants and employees must be 21 years of age or older, and owners must be fingerprinted. All MMTC applications have a required fee of $60,063.
Anyone applying for an MMTC will need to provide written documentation that discloses their ability to meet the needs of operating an MMTC. The Applicant must disclose the name, position, and resume of the employee(s) who provides the knowledge or experience for each of the following:
- Technical and technological ability to cultivate, process and dispense low-THC cannabis and cannabis products. This individual must demonstrate experience and/or ability to meet 26 different criteria, which can be found in 64-4.002 (Initial Application Requirements for Dispensing Organizations)
Some of the requirements include:
- Experience cultivating cannabis.
- Experience cultivating in Florida plants not native to Florida.
- Experience with genetic modification or breeding.
- Experience with analytical organic chemistry and microbiology.
- Experience with handling confidential information.
- Experience with good manufacturing practices
Find the full list of requirements here
- The applicant needs to provide written proof of having a valid registration certificate issued by the Department of Agriculture and Consumer Services. This certificate must be for cultivating over 400,000 plants and operated by a nurseryman for at least 30 continuous years in Florida.
- Ensuring access to the premises, resources, and staff required for operating as a Dispensing Organization. This involves providing the following:
- Locations and all details about properties intended for cultivating, processing, and dispensing low-THC cannabis and cannabis products, including ownership information, applicable lease terms, zoning approval, Adherence to local regulations concerning sanitation and proper waste management, and an illustration outlining property boundaries, topography, vegetation, existing structures, easements, wells, and roadways for each proposed property.
- The applicant must provide details on the cultivation environment, irrigation systems, and environmental control systems, including plans for expansion and backup systems. Additionally, a description of the intended strains of low-THC cannabis is required, along with access to adequate water resources for irrigation. The application should outline areas designated for processing Derivative Products, specifying equipment, access to water, safety measures, computer systems, and ventilation systems.
- The applicant must address the accessibility and availability of their proposed dispensing facilities, considering factors such as central location, proximity to populated areas, and avoidance of high crime areas. They should also detail plans for proximity to patient populations and alternative dispensing methods, such as delivery services. The application should include a list of current and proposed staffing, including positions, duties, resumes, and any professional licensure disciplinary actions as noted in point one (1.) above. An organizational chart illustrating the supervisory structure, plans for loss of key personnel, compliance with workplace safety, and relationships with independent laboratories for cannabis testing should also be provided.
- Locations and all details about properties intended for cultivating, processing, and dispensing low-THC cannabis and cannabis products, including ownership information, applicable lease terms, zoning approval, Adherence to local regulations concerning sanitation and proper waste management, and an illustration outlining property boundaries, topography, vegetation, existing structures, easements, wells, and roadways for each proposed property.
The official list of MMTC license application details can be found here
Medical Marijuana Treatment Center Site & Security Plan Requirements
Every MMTC location will need to include the following items for each facility featured in their application:
Floor plans including:
Locking options for entry and exit points, alarm systems, and video surveillance
Room names, functions, layouts and dimensions.
Storage plans should include:
Safes, vaults, and climate control.
Applicants should also include details about an emergency management plan, a tracking system for low-THC source plant material, inventory control measures, recordkeeping policies, vehicle tracking and security systems, and more. You can find every detail about site and security requirements here:
Overview of Operational Requirements
To begin operating a licensed MMTC, the entity must have a successful application submission. The state will notify the applicant(s) of whether their submission was successful 30 days after the submission is made.
Each MMTC must dispense at least one low THC marijuan product to medical mairjuana patients.
Before an MMTC begins operating, they must provide proof of employment of a medical director who is a physician in charge of the dispensing operation. This medical director should be listed on the application along with 17 specifications justifying their eligibility. Some of these include:
- Experience with epileptic patients.
- Experience with cancer patients.
- Knowledge of the use of low-THC cannabis for treatment of cancer or physical conditions.
- Knowledge of laboratory methods.
- Experience with or knowledge of botanical medicines
For all medical director requirements, refer to the Initial Application Requirements for Dispensing Organizations.
Growing Requirements
- Only allowed to use pesticides allowed by the Department of Agriculture and Consumer Services.
- Must grow within an enclosed structure that ensures cannabis plants are kept separate from other plants.
- All seeds must be inspected for potential pests that endanger or threaten the state of Florida’s horticultural and agricultural interests.
- Any plants that are infected or infested must be fumigated
Processing Requirements
- Any MMTC producing edibles must have a permit to operate as a food establishment in accordance with the Florida Food Safety Act.
- Edibles may not have over 200 milligrams of THC in a package, and single servings cannot have more than 10 milligrams of THC. Potency variance must be below 15% per edible.
- Edibles cannot be attractive to children, meaning they cannot be manufactured in shapes that mimic those of humans, cartoons, animals, or any product that resembles a commercially available candy.
- Edibles cannot contain color additives.
- Processors producing edibles must pass a Food Safety Good Manufacturing Practices inspection.
- Pre-rolls cannot be wrapped in tobacco or hemp.
- Processing must be done in a room separated from plants and other products.
- Comply with all department regulations regarding the use of solvents or gasses that can be considered toxic to humans.
License Selection
Each application is reviewed and given a score. The application that has the highest score is selected as the dispensing organization for the region. Applicants can apply to multiple regions, but they cannot be selected for more than one. If they win in more than one region, they will get licensed for the region associated with the plant nursery’s certificate of registration. The second-place application will then become the licensee for the region that the first place winner was revoked.
After being notified of winning a license and being approved as the region’s dispensing organization, the applicant must post a $5 million performance bond within 10 business days of winning the cannabis license in Florida.
What's Next in Florida?
Even though MMTC Florida applications are currently closed, individuals interested in working in the cannabis industry should stay up to date with Florida’s legal cannabis market as it comes into fruition. Aspiring recreational business owners can seek ownership in MMTCs which could provide a first opportunity into the recreational market following legalization and the establishment of adult-use regulations. When the time is right, reach out to CannDelta for licensing and operational support. Our team of scientific and regulatory cannabis licensing consultants have all the tools you’ll need to establish your cannabis business in Florida.
Frequently Asked Questions
How do I get a Grow License in Florida?
The only way to legally grow marijuana in Florida is by having a Medical Marijuana Treatment Center. Florida residents currently cannot get a cannabis cultivation license permitting a cannabis growing business or home growing in any other way. Growing marijuana without an MMTC Florida license can result in a third degree felony and the issuance of a $5000 fine and five years in prison.
What Licenses are Needed to Start a Dispensary in Florida?
Starting a medical cannabis dispensary in Florida requires an MMTC license. Once the recreational market is established, there will likely be an adult-use Florida dispensary license available to applicants. Once this is released, Florida residents will need to submit a Florida dispensary application.
How Much is a Dispensary License in Florida?
Opening a dispensary in Florida will require an MMTC license which has an application fee of $60,063. There currently is no Florida dispensary application available for recreational licenses since recreational cannabis use is still illegal in Florida. Once the recreational market is established, the Florida dispensary license application fee will likely be much lower than the MMTC application fee.
What Does a Cannabis Consulting Firm do?
A cannabis consulting firm helps aspiring entrepreneurs find their way in the cannabis industry by providing licensing and operational support. Working with cannabis licensing consultants is the best way to ensure you receive a cannabis cultivation license, cannabis processing license, or any other type of cannabis license, and start a successful cannabis business.
Is Cannabis Legal in Florida?
Medical cannabis is legal in Florida, but recreational cannabis use is not yet legal in Florida. Recreational cannabis is expected to be legalized in the months following the vote on Amendment 3 in November 2024. As of now, possession of less than 20 grams of cannabis can result in up to one year in jail, one year probation, and/or a $1,000 fine.
