Licensing of Medical Marijuana Businesses in Florida

Although many individuals and businesses are eager to join the budding cannabis industry, federal, state and local laws can create substantial barriers to entry and expansion. In Florida, only licensed Medical Marijuana Treatment Centers (MMTCs) are permitted to cultivate, process and dispense medical marijuana.

Thirteen (13) MMTC licenses have been issued in Florida and another four (4) are expected to be issued through a competitive application process administered by the Department of Health, Office of Medical Marijuana Use (OMMU). Additionally, each time 100,000 patients become actively registered in the State’s program, the OMMU is required to issue an additional four (4) MMTC licenses. The OMMU has not announced when it will begin accepting applications for new MMTC licenses.

Florida law provides broad discretion to MMTCs on determining the size and amount of facilities each license holder can establish. There are no limitations on the size or amount of cultivation and processing facilities for each MMTC. Florida law also permits each MMTC to initially establish up to twenty-five (25) retail dispensing facilities throughout the State. And for every 100,000 patients that are actively registered in the State’s medical marijuana program, each MMTC is permitted to establish an additional five (5) retail dispensing facilities. The limitation on the amount dispensing facilities per MMTC is set to expire in April of 2020.

Advising Businesses on Florida’s Medical Marijuana Licensing Process

Florida law sets forth extensive rules for the licensure and operations of MMTCs. While the OMMU has yet to announce when new MMTC applications will be accepted, individuals and entities seeking to apply for a license can prepare now. Recognizing that the process is complicated and highly competitive, the attorneys at Greenspoon Marder are prepared to help clients with the process.

Our team of marijuana business lawyers can provide comprehensive advice and assistance with the application process, such as:

  • Ensuring an applicant meets the necessary qualifications;
  • Corporate structuring;
  • Negotiating and preparing agreements; and
  • Compliance with state and local law requirements.

Our goal is to help you develop strategies that advance your business interests within the parameters of Florida law.