Florida Real Estate & Cannabis Regulations

Cannabis Status: Medical Only (applications opening soon)

Currently, Florida restricts cannabis usage to medical purposes only, but the landscape may soon change dramatically. A recent Florida State Supreme Court decision has cleared the way for a pivotal amendment—Amendment 3—to be presented to voters on the November ballot. This decision allows Floridians to voice their opinion on whether to extend cannabis legality to include adult recreational use.

If Amendment 3 secures at least 60% of the vote, it will drastically alter the cannabis environment within the state. This initiative would grant adults aged 21 and older the right to purchase and possess up to 3 ounces of cannabis and 5 grams of concentrates for personal use, exclusively from existing medical dispensaries. Beyond just expanding operations at these centers, Amendment 3 would also open legislative doors to potentially allow new players in the burgeoning adult-use market, enhancing competition and diversity within the industry.

Set to take effect six months after approval, this measure marks a critical shift in Florida’s cannabis policy, positioning the state at the forefront of a new era in cannabis regulation and offering a model that could influence broader national trends in cannabis legalization.

Name: Florida
Population: 21.48 million
Median Income: $55,660
Cannabis Uses: Medical Marijuana Treatment Centers (vertically integrated), Labs

Florida Cannabis Overview: Currently, Florida requires all license types other than testing labs to be grouped into a single vertically integrated Medical Marijuana Treatment Center license. As of now only a small number of MMTC licenses have been awarded and the state is not currently accepting applications for new licensees. In November, voters in the state will have the opportunity to vote to legalize adult-use cannabis in the state and open Florida up to new cannabis opportunities.

Are you ready to join the thriving cannabis industry in Florida?

As Florida stands on the brink of a transformative shift in its cannabis policy, now is the perfect time to explore the burgeoning opportunities within this evolving industry. With the potential legalization of adult-use cannabis on the horizon, the landscape is set to expand dramatically, presenting a host of new prospects for entrepreneurs and businesses alike.

Whether you’re looking to enter the market as a new player or expand your existing operations to include recreational sales, our team is here to guide you through every step of the process. From understanding the regulatory framework to securing the necessary licenses and navigating the competitive market landscape, we have the expertise and experience to help you succeed.

Don’t miss out on this golden opportunity to capitalize on Florida’s flourishing cannabis industry. Reach out to us today, and let’s discuss how we can help you take full advantage of the emerging opportunities in this dynamic and rapidly growing field.

Florida Cannabis & Commercial Real Estate Research

Miami Updates – We expect the medical marijuana ordinance on the agenda for the February meeting. The first step is very important. You must apply for a zone check with the city’s zoning administrator to show the proposed location is properly zoned and outside of any setback restrictions. If found to be in a compliant location, you receive a reservation letter that keeps your right to that spot for 3 months. There is a 1 mile setback between dispensaries, so this keeps anyone else from getting a reservation in a 1 mile radius for that time. This makes finding and sourcing your property extremely important!

Florida currently only allows medical patients with the following medical conditions: Cancer, Epilepsy, Glaucoma, HIV/AIDS, Crohn’s disease, Parkinson’s disease, Multiple sclerosis (MS), Medical conditions of the same kind or class as or comparable to those above, Post-traumatic stress disorder(PTSD), Amyotrophic lateral sclerosis (ALS), a terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification , chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.

Uses: Medical Marijuana Treatment Centers, Labs

Distance Requirements: Set by local jurisdiction.

Caps: Florida is currently not accepting applications for new MMTC applicants. However once the number of active qualified patients added to the medical marijuana use registry increases from 20,000 to 100,000, four additional MMTCs will be allowed within six months. For every 100,000 patients, four new facilities will be licensed.

Tax Rate: 6% state sales tax, plus any local tax

Requirements in the Medical Marijuana Treatment Center License Application Form DH8052-OMMU

Each batching cycle will be announced with a separate rulemaking that will include application dates and the number of licenses to be awarded in that batching cycle, Unawarded Licenses May Be Made Available in Future Cycles

Contact Us for Information on the Rules, Instructions, and Requirements in the Medical Marijuana Treatment Center License Application Form DH8052-OMMU

An application for MMTC licensure will be considered only for the batching cycle in which it is submitted, meaning that if an applicant is unsuccessful they will need to reapply in future batching cycles to be considered again. (Applicants who previously applied as part of the Pigford/BFL batching cycles may apply to have their application fee transferred for a new application)

Jacksonville
Miami
Florida
Orlando
St. Petersburg
Tallahassee

Visit CREC Portal for more information on Florida real estate.

Rule Chapter: 64-4 Rule Chapter: 64-4Chapter Title: COMPASSIONATE USE

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=64-4

Section 4.15 Citrus Preference Documentation  Applicants seeking to qualify for the citrus preference, as provided in section 381.986(8)(a)3., F.S., must address the following items.  An applicant’s response to this Section will not be scored during the application process.  The information requested will be used only to assess whether an applicant qualifies for the citrus preference provided in section 381.986(8)(a)3., F.S., and the Citrus Preference Points provided in Section 6.1 of these Application Instructions.   1. Provide the address for the facility (or facilities) that is or was used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses; 2. State the name of the natural person or entity that is or was regulated under Chapter 601, F.S., for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses at the facility (or facilities) identified in item 1;  3. State the time period during which the applicant’s facility (or facilities) is or was used for canning, concentrating, or otherwise processing of citrus fruit or citrus molasses; 4. Provide a deed or other recorded document demonstrating that the applicant holds legal ownership of the facility (or facilities) identified in item 1.  Additionally, provide the parcel ID number associated with the facility (or facilities); and 5. Provide completed Form 5 “Citrus Preference Acknowledgment.”  The Department will use the information provided in items 1 through 3 above to confirm with DACS that the facility (or facilities) is or was used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses, as reflected in DACS’s official records. 

 

A “packinghouse,” meaning a building, structure, or place where citrus fruit is packed or otherwise prepared for market or shipment in fresh fruit form, is not engaged in “processing” of citrus fruit for purposes of section 381.986(8)(a)3., F.S.  See Louis Del Favero Orchids, Inc. v. Fla. Dep’t of Health, No. 18-2838RP (Fla. DOAH Aug. 6, 2018) (Final Order).  

 

Step 5: The standard deviation among Total Application Scores will be calculated using the following methodologies and formulas: o First, the mean of all Total Application Scores will be calculated using the following procedure.  If the Total Application Scores are 𝑥𝑥1, 𝑥𝑥2, … ,𝑥𝑥𝑁𝑁 , where 𝑁𝑁 is the number of applications, the mean μ is calculated using the following equation. (The relevant Excel command is AVERAGE.) μ =𝑥𝑥1+𝑥𝑥2+⋯+𝑥𝑥𝑁𝑁 𝑁 𝑁 o Then the population standard deviation σ will be calculated using the following equation. (The relevant Excel command is STDEV.P.)  

σ =�1 𝑁𝑁 ((𝑥𝑥1 − μ)2 +(𝑥𝑥2 −μ)2 +⋯+(𝑥𝑥𝑁𝑁 −μ)2) o The standard deviation will be divided by 2 and rounded if fractional.  If the fractional part is 0 through 0.49, it will be rounded down; and if the fractional part is 0.50 through 0.99, it will be rounded up.  This will be the “Citrus Points Preference.” • Step 6: The Citrus Points Preference will be added to the Total Application Scores for the two applicants with the highest scores that are eligible for the Citrus Preference under section 381.986(8)(a)2.c., F.S. 

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Available Florida Cannabis Business & Property Listings

Review our Florida cannabis real estate for sale or lease below. We also have businesses in FL for sale with a cannabis license. Contact us for more information and sign up to be a buyer or a seller on our website to get started with your property in the state of Florida.

We can help you find a property in our network, even if not listed in our online inventory. Ask us how!

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