TerraLex Cross-Border Guide to Cannabis Guide

Yes. See Fla. Const. art. X, § 29.

One must apply for a Medical Marijuana Treatment Center (“MMTC”) license with the Florida Department of Health’s Office of Medical Marijuana Use. Section 381.986(8) allows the Department of Health to approve of 10 initial licenses, with 4 additional licenses being awarded for every additional 100,000 registrations of “qualified patients” in the medical marijuana use registry. “Qualifying medial conditions” are defined by section 381.986(2) to include cancer, epilepsy, glaucoma, HIV positive status, acquired immune deficiency syndrome, PTSD, amyotrophic lateral sclerosis, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and “medical conditions of the same kind or class as or comparable to those enumerated…”

Within 12 months after licensure, a medical marijuana treatment center must demonstrate to the department that all of its processing facilities have passed a Food Safety Good Manufacturing Practices, such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body. A medical marijuana treatment center must immediately stop processing at any facility which fails to pass this inspection until it demonstrates to the department that such facility has met this requirement. Section 381.986(8)(e)9.

Other requirements for the processing of marijuana (including the necessary testing procedure) by the MMTC are set forth in Section.986(8)(e)11.

The Florida First District Court of Appeals recently affirmed an injunction against Florida’s current statutory caps on MMTCS licenses. As the District held, “the statutory language directly conflicts with the constitutional amendment [i.e., Art. X, § 29 of the Florida Constitution], and [so] appellee ha[d] demonstrated a substantial likelihood of success in its challenge to the statutory cap of MMTCs under section 381.986(8)(a)1.-2., 4., Florida Statutes.” Fla. Dept’t of Health v. Florigrown, LLC, 2019 WL 4019919 (Fla. Dist. Ct. App. August 27, 2019)

This decision was appealed but the Florida Supreme Court has not yet certified it for review. Many suspect the Court will do so, however, given the pending uncertainty about whether the statute is, in fact, constitutional. See generally Fla. Dept’t of Health v. Florigrown, LLC, 2019 WL 2943329, at *3 (Fla. Dist. Ct. App. July 9, 2019).

Section 381.986(8)(e) allows only MMTC licensees the authority to “cultivate, process, transport and dispense marijuana for medical use.”

One must obtain an MMTC license. See above.

See above.

Purchasing: To be qualified, a patient must be a Florida resident and have a valid registry identification card that must be renewed annually. 381.986(7). All purchases must be entered into the use registry, including the date, time, quantity, and form of marijuana dispensed. Section 381.986(8)(e)16.d and g. Patients younger than 18 years of age are not qualified. Section 381.986(8)(e)16.e. All patients are required to undergo a background screening. Section 381.986(9).

MMTCs may not dispense more than a 70-day supply of non-smokeable medical marijuana within any 70-day period. For smokeable marijuana, MMTCs may not dispense more than 2.5 ounces of medical marijuana within a 35-day period. See Fla. Stat. § 381.98616(8)(e)16.b. Patients cannot possess more than a 70-day supply of marijuana, or 4 ounces of smokable marijuana, at any one time. See § 381.986(14).

Marketing:

Packaging of marijuana must comply with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. and must contain a label stating it meets applicable testing requirements. Section 381.986(8)(e)(11)(e), (f). The package cannot contain a product name that contains “wording commonly associated with products marketed by or to children.” Section 381.986(8)(e)11(f)(VI).

Marijuana in a form for smoking must be packaged in a sealed receptacle with a legible and prominent warning to keep away from children and a warning that states marijuana smoke contains carcinogens and may negatively affect health. Such receptacles for marijuana in a form for smoking must be plain, opaque, and white without depictions of the product or images other than the medical marijuana treatment center’s department-approved logo and the marijuana universal symbol. Section 381.986(8)(e)12. Similar requirements for edibles exist. Section 381.986(8)(e)15.

Additionally, the department is tasked with developing rules regulating the appearance of labeling of delivery devises. Section 381.986(8)(e)15. For example:

An MMTC cannot engage in advertising that is visible to members of the public from any street, sidewalk , park, or other public place, except:

1. Have a sign affixed outside of a treatment facility that identifies the facility by the licensee’s business name or department-approved name or logo;

2. Advertise on the internet if (a) the ad is approved by the Department; (b) the ad does not target individuals under 18; (c) the ad is not an unsolicited pop-up advertisement; and, (d) if it’s an “opt-in” ad, it must contain an easy and permanent “opt-out” feature. See Fla. Stat. § 381.986(8)(h).

MMTC licensees may only sell (1) “Low-THC cannabis,” which is defined as cannabis that “contain[s] 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weigh for weight[,]” Fla. Stat. § 381.986(1)(e); and (2) “medical marijuana,” which is defined as “all parts of any plant of the genus Cannabis, . . . which are dispensed from a medical marijuana center for medical use by a qualified patient.” Fla Stat. § 381(1)(f).

No.

Agriculture.

No.

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Yes, as provided under Fla. Stat. § 581.217.

Under Fla. Stat. § 581.217(5), one must apply with the Florida Department of Agriculture and Consumer Services (“FDACS”) for a license to grow hemp. But given that Fla. Stat. § 581.217 was not signed into law until July 1, 2019, the FDACS has not yet finalized the proposed rules and regulations regarding licensing.

See above, as Fla. Stat. § 581.217 was not signed into law until July 1, 2019, and so the FDACS is still working on proposed rules and regulations.

Section 581.217 was not signed into law until July 1, 2019, and so the FDACS is still working on proposed rules and regulations.

Section 581.217 was not signed into law until July 1, 2019, and the FDACS is still working on proposed rules and regulations.

Section 581.217(7)(a)-(b) provides the following regarding the sale and marketing of hemp: Hemp may only be marketed and sold if there is a certificate of analysis prepared by an independent testing laboratory stating that: 1. The hemp extract is the product of a batch tested by an independent testing laboratory; 2. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch; and 3. The batch does not contain contaminants unsafe for human consumption. Additionally, hemp packaging must include: 1. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory; 2. The batch number; 3. The Internet address of a website where batch information may be obtained; 4. The expiration date; 5. The number of milligrams of hemp extract; and 6. A statement that the product contains a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

Section 581.217(7)(a)2 provides that a “batch [of hemp may only] contain[] a total delta-9-tetrahydrocannabinol concentration that . . . d[oes] not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch[.]”

No.

Agriculture, given licensees can now produce hemp.

Yes, but as a hemp derivative, it is subject to the same statute as Hemp: Fla. Stat. § 581.217. Therefore, the answers provided to hemp-related questions above apply here as well.

See above.

See above.

See above.

See above.

See above.

See above.

See above.

See above.

The Florida Department of Health, Office of Medical Marijuana Use and The Florida Department of Agriculture and Consumer Services.

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Purchases of medical marijuana are exempt from Florida use and sales taxes. Fla. Stat. § 212.08(2)(I).

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Recreational marijuana use remains illegal. There are several initiatives and campaigns advocating for the legalization of recreational marijuana--by law or constitutional amendment--that are gaining momentum in advance of the 2020 ballot.

See below.

See below.

In Fla. Dept’t of Health v. Florigrown, LLC, 2019 WL 4019919 (Fla. Dist. Ct. App. August 27, 2019), the First District Court of Appeals denied a motion for an en banc rehearing on its decision issued the month before. (See response 1a above for reference). Despite refusing to rehear the appeal en banc, the concurrence urged the Florida Supreme Court to address whether the “vertical integration” scheme of the medical marijuana statute—which allows MMTCs to exclusively control the entire seed-to-sale process—violates the Florida Constitution. In short, challengers contend that the statute violates the Florida Constitution’s definition of an MMTCs as being one that “acquires, cultivates, possesses, processes... transfers, transports, sells, distributes, dispenses or administers marijuana” because the disjunctive “or” implies that multiple players may participate in discreate aspects of Florida’s medical-marijuana production process. Consideration of the issue by the Florida Supreme Court could dramatically impact the statutory and regulatory scheme in Florida. The Florida Supreme Court has yet to grant certification of the appeal.