Florida Cannabis Legalization

2022 Race

As the campaign season for Florida’s 2022 gubernatorial race gets underway, the presumed candidates have already spared over the country’s most controversial green issue: legalizing recreational marijuana. Gov. Ron DeSantis hinted at decriminalizing marijuana but did not support its full recreational use. At a Florida Police Chief Association press conference, he didn’t mince words when asked about cannabis legalization in January.

“It smells so putrid,” DeSantis said. He then went on to suggest that cities that allow medical marijuana, go on to “regret it” and his only priority is making sure Floridians can “breathe freely.”

On the Democratic side are former Florida governors Charlie Crist and Nikkie Fried who called DeSantis’s comments “idiotic.” Fried, a marijuana lobbyist turned Florida Commissioner of Agriculture got into some hot water over backing cannabis legalization while having $130,000 tied up in a medical marijuana dispensary recently acquired by the larger and more profitable Trueleave Cannabis Corp in 2021. She claimed her position in the state government doesn’t pose a conflict of interest since the agriculture department doesn’t regulate cannabis; however, as of July 2022, she was “in the process of liquidating” her almost $200,000 stake in the company which has over 100 locations in Florida.

The election in November will inevitably determine the conditions for cannabis in the state and although Fried, a user herself, is not leading the democratic field according to St. Pete Polls’s latest survey, front runner, Charlie Crist, has claimed that if elected he would “legalize marijuana in the Sunshine State.” But Democrats shouldn’t get their hopes up after a recent RealClearPolitics poll put DeSantis ahead of Crist by eight percentage points.

Current Legal Status

Florida is currently one of the 37 states that have legalized medical marijuana, though the state still prohibits recreational use. Legalization efforts were composed of three ballot initiatives set for 2022, but the one that obtained enough signatures was thrown out of state court due to relying on shaky legal grounds.

With recent polls showing 75% of Floridians in support of legalization and 10 “marijuana-related” bills in the legislative session already, whoever wins the race in November will have to address the overwhelming support.

Medical

The Florida Department of Health oversees medical marijuana and sets the rules for medical use, and oversees the registry, business licenses, qualifying patients, and certified testing laboratories.

Patients

Patients can receive medical marijuana and low-THC at treatment centers after they are diagnosed with qualifying medical conditions. This is entered into the registry by their caregiver before patients receive their Medical Marijuana Use Registry (MMUR) Identification Card.

Caregivers

Caregivers are required by Florida law to complete a certification course every 2 years through the Medical Marijuana Use Registry at no cost.

Treatment Centers (Dispensaries)

Treatment centers that are vertically integrated are the only businesses authorized to sell medical marijuana and low-THC products in the State of Florida and must pass all three stages of authorization before any dispensing can begin: (1) Cultivation, (2) processing, and (3) dispensing.

Businesses in Florida

At the beginning of 2022, nearly 700,000 people (about half the population of Hawaii) could qualify for medical marijuana treatment, 2,849 doctors were certified, 398 locations were licensed to dispense, and some predictions had the state reaching $32 billion (about $98 per person in the US) in medical marijuana sales by 2024. But like many states, Florida allows individual cities the choice to ban cannabis businesses, and, while some have done so temporarily, a handful have made it permanent. In May, however, this changed when commissioners for the city of Miami granted a certificate of use to a Los Angeles-based investment firm MRC-44. The state will probably see more cities opt-in as more laws and regulations are developed.

How Can Sapphire Risk Help?

Tony Gallo and the team of experts and consultants at Sapphire Risk Advisory Group have worked to secure medical marijuana and recreational cannabis businesses in 36 states. Follow us on social media to stay up to date with more security best practices and cannabis industry updates!