By way of background see my posts here, herehere, and here regarding the Florida Legislature’s prior efforts to pass laws to implement Amendment 2 (medical marijuana passed by Florida’s voters in November 2016) which failed in the last, regular legislative session.

However, the Florida Legislature has now, via special session, finally passed a medical marijuana bill.

The details are as follows:

  • No sales tax on medical marijuana;
  • No 90-day waiting period for a prescription;
  • The number of licenses for growers will increase by ten (10) within four (4) months (for a total of 17);
  • A limit of 25 retail locations per grower’s license;
  • Smoking is still not permitted.

Governor Rick Scott has said he intends to sign the bill.

Litigation regarding the ban on smoking is expected.  Additionally, ongoing issues related to limited competition may have to be dealt with in future legislative sessions or via litigation.


Dori K. Stibolt is a West Palm Beach, Florida based partner with the law firm of Fox Rothschild LLP.  She focuses her practice on litigation and labor and employment issues.  You can contact Dori at 561-804-4417 or