Florida Medical Marijuana Business Licensing Expansion is on the Horizon!

Vicente Sederberg LLP
Contact

Vicente Sederberg LLP

The wait may soon be over for those wishing to enter the Florida medical marijuana market. The Florida Department of Health's Office of Medical Marijuana Use (OMMU) will soon open a general application process for additional medical marijuana treatment center licenses (MMTC Licenses).

Right now, the State of Florida has 22 vertically integrated MMTCs, arguably the most valuable marijuana business licenses in the world. These licenses are so valuable because each MMTC licensee can open an unlimited number of dispensaries, cultivations and processing locations throughout the Sunshine State—a characteristic unique to the Florida program. Five of these licenses were issued via a 2015 application process. The remaining 17 licenses were issued to unsuccessful applicants from that initial process via a settlement agreement with the Department of Health.

In early 2017, the medical marijuana statute was amended to require that an additional 10 licenses be issued via an application process, with another four MMTC licenses issued within six months after the registration of 100,000 active qualified patients in the medical marijuana use registry. Applicant teams were organized. Capital was raised. Hopeful licensees were, well, hopeful. Then, the application process stalled in December 2017 with the filing of the Florigrown lawsuit against the Florida Department of Health, which challenged the constitutionality of Florida's medical marijuana statute.

Flash forward to May 2021. The Florida Supreme Court ruled against Florigrown, much to the chagrin of Florida's cannabis activists.

Florigrown's defeat, however, re-ignited the delayed 2017 MMTC application process. Accordingly, the OMMU announced that there would be two separate application processes for new MMTC licenses.

First, the OMMU would issue a single license to a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), known as the Pigford License. Those applying for the Pigford License submitted applications in March 2022, and it is anticipated that the winner of the Pigford License will be announced in the next few weeks.

Secondly, the OMMU will issue up to 22 additional MMTC licenses to applicants that qualify under the current law (the General Application Round), thereby doubling the current number of MMTCs in the state.

While the exact timing of the rule and application release for the General Application Round is unclear, qualified well-funded teams representing local and international interests are betting on some movement by year-end.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Vicente Sederberg LLP | Attorney Advertising

Written by:

Vicente Sederberg LLP
Contact
more
less

Vicente Sederberg LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.