As Florida’s 2018 legislative session comes to a close, its time to review legislative changes to Florida’s medical marijuana laws.

First, Florida’s Senate passed HB 6049,  This bill removes the requirement that the Florida medical marijuana license (Florida has a vertical licensing system) reserved for a Black farmer must go to a Black farmer

As I’ve posted before, Florida’s implementation of Amendment Two (medical marijuana) does not permit patients to smoke medical marijuana.

Not surprisingly, the ban on smoking of medical marijuana triggered litigation.  Now, that case has been set for a bench trial in May 2018.

The lawsuit seeks a declaratory judgment that the smoking ban

Pursuant to the law passed earlier this year which implemented Amendment Two (medical marijuana), Florida was required to issue additional licenses for medical marijuana treatment centers (the entities that grow, distribute and sell medical marijuana) to bring the number of licenses up to ten by October 3, 2017.

Florida has missed this deadline due to

A lawsuit was recently filed which challenges the constitutionality of part of the Florida law implementing Amendment Two (medical marijuana).  A key part of the law was expanding the number of growing licenses that would be awarded to farmers/operators in the lucrative medical marijuana business.

The law implementing Amendment Two called for an overall increase

Florida continues to make forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state.

License News

Three new licenses are being added in Florida.

Dispensary News

The following municipalities in Florida are moving forward with medical marijuana dispensaries:

As a follow up to my post on the City of Boynton Beach having its regulations overturned by Florida state law, other Florida municipalities are debating medical marijuana dispensaries.

Those adopting or extending moratoriums on dispensaries:

The City of Boynton Beach, Florida wanted to be ready for the implementation of Amendment 2 (medical marijuana) so they set up their own limits on dispensaries that included the following:

  • One dispensary per 67,000 residents;
  • Location was limited to one part of town the community commercial district;
  • No drive-throughs;
  • Limited hours.

Boynton has now

As noted in my prior post, when the Florida Legislature finally passed laws to implement Amendment 2 (medical marijuana) it did not include smoking as a permissible use for medical marijuana.

And, as expected, litigation has been filed to allow medical marijuana to be smoked. The Florida law does permit vaping of medical marijuana.  

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

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

Now, Florida’s legislatures head back to Tallahassee for a special session from June 7th to June