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Are you wondering how to open a dispensary in Florida? Cannabis is legal for medical use in Florida for qualified patients with specific medical conditions, but recreational use remains illegal. This page is dedicated to keeping you up-to-date on the latest news and information relevant to opening a cannabis business in Florida. This includes helpful insights on what is to come next for the state.
Florida has experienced a series of legislative and grassroots efforts aimed at expanding cannabis legalization and reform. Despite growing public support, these initiatives faced numerous challenges and ultimately did not pass into law. Below is a summary of these notable, yet unsuccessful, efforts.
Current estimates project that recreational marijuana sales will top $32 billion by 2024. With a population size projected to reach approximately 21.9 million in 2021, it’s clear that the state will be a hot market for recreational marijuana.
Additionally, the legalization of recreational marijuana in the state will have significant effects on its projected tax revenue. According to state economists, retail impacts would amount to $2.1 billion, sales tax would reach $128 million, and tourism sales and taxes could peak at $672 million. This also has the added benefit of preventing budget cuts to essential sectors such as healthcare and education.
Had recreational marijuana been approved in 2020, experts say that it could have added $190 million in sales tax and tourism dollars to Florida annually and could have increased the number of jobs related to hemp, cannabis, and marijuana by more than sevenfold by 2025.
As recreational marijuana rules start to change in a state, it is not uncommon for towns and municipalities to enforce their own rules for what is allowed and what is not. Some communities will strongly support state legislation, while others will show mixed support, and a few will almost certainly disagree with whatever the state decides.
Sarasota County, for example, has moved once again to restrict recreational marijuana, regardless of its legalization status in the state. Meanwhile, cities such as Boca Raton, Coral Springs, Margate, Tamarac, Pembroke Pines, Delray Beach, Highland Beach, Hillsboro Beach, Lauderdale-by-the-Sea, Royal Palm Beach, Sea Ranch Lakes, and Southwest Ranches have enforced bans on marijuana dispensaries.
On November 8, 2016, the Florida Medical Marijuana Legalization Initiative (also known as Amendment 2) was included on the Florida ballot as an initiated constitutional amendment and was afterward approved. Less than a year later, on June 9, 2017, the Florida State Legislature passed SB 8A, also known as the Medical Use of Marijuana Act, which defined the medical conditions qualifying a patient for medical marijuana. The stated conditions include cancer, epilepsy, glaucoma, and HIV/AIDS.
On December 19th, 2022, the Florida Department of Health issued emergency rules for organizations seeking a medical marijuana treatment center license to cultivate, process, and dispense medical marijuana. The state would not make all of the new licenses immediately available but would instead distribute them in “batches.” You can read the rules here.
An April 26, 2024 report from the Office of Medical Marijuana Use (OMMU) says that Florida has seen significant growth in its medical marijuana program. 880,240 people qualify for medical marijuana in the state. The number of qualified doctors has reached 2,385, providing necessary medical oversight and recommendations for patients. Additionally, the state has expanded its dispensing locations to accommodate the growing demand, with a total of 633 dispensing locations now operational. This expansion reflects the increasing accessibility and acceptance of medical marijuana as a treatment option in Florida.
On November 26th, 2024, Florida’s Office of Medical Marijuana Use announced 22 companies receiving “letters of intent to approve” their Medical Marijuana Treatment Center (MMTC) license applications submitted in April 2023. This decision comes three weeks after voters narrowly missed the 60% threshold needed to legalize adult-use cannabis.
To open a dispensary in Florida, there are rules and regulations provided by the Department of Health, which include an initial application fee requirement of $60,063. You must have a Medical Marijuana Treatment Center license to be able to dispense, cultivate, process, and transport medical marijuana in Florida.
On March 26th, 2025, the 1st District Court of Appeals upheld Florida’s requirement that medical cannabis operators pay approximately $1.3 million in biennial license renewal fees. The court rejected claims that the state should offset these fees with revenue from other marijuana-related sources. The judges unanimously agreed that Florida’s Department of Health has the legal authority to set this fee structure.
It is important to note, however, that the state department is not accepting applications for MMTCs at this time. An application rule and the date on which the OMMU will begin accepting applications shall be published in the Florida Administrative Register.
Despite public support for adult-use marijuana, the road to legalization is not expected to be an easy one. One of the biggest problems would be heavy opposition from Central Florida, where theme parks and the hospitality industry are against legalizing marijuana to keep the area’s reputation as a “family-friendly” place to visit.
The Florida Marijuana Legalization Initiative (Amendment 3) appeared as an initiated constitutional amendment on the ballot on November 5, 2024. This initiative aimed to legalize recreational marijuana for adults aged 21 and older, allowing them to possess up to three ounces of marijuana, including up to five grams in concentrate form. Under this initiative, existing Medical Marijuana Treatment Centers would have been authorized to sell marijuana to adults for personal use. Additionally, the Florida State Legislature could have established laws for licensing entities other than existing Medical Marijuana Treatment Centers to cultivate and sell marijuana products.
Had HB 291 been approved, the following guidelines would have been established for applications related to recreational use dispensaries:
An applicant for a marijuana business license will have to fill out the form that the division requires for the type of license they want. According to the bill, the division will begin accepting and processing applications by August 1, 2022. Upon receipt of an application, the division shall promptly forward a copy of the application and half of the license application fee to the locality in which the applicant wishes to operate. A license can be given or renewed if the applicant meets all the requirements within 90 days of the application.
As mentioned earlier, the Florida Marijuana Legalization Initiative may appear on the state ballot as an initiated constitutional amendment. A petition for this is being led by Nick Hansen, chairman of Make It Legal Florida. According to Hansen, judging from the normalization of medical marijuana use in the state, the odds of approval are good if the decision were to be placed in voters’ hands.
As Florida moves toward full legalization, many new events will unfold that will be relevant to those looking to start a cannabis business in Florida. By adding yourself to Cannaspire’s Florida Cannabis Mailing List (below), you will be updated on how to open a dispensary in Florida and all relevant sunshine state news that matters, difficult-to-find news, and commentary from key figures involved in Florida’s recreational and medical cannabis industry.
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How To Open A Dispensary In New York (2025 Guide) Key Takeaways Medical Marijuana in New York: Legal since 2014, New York’s medical marijuana program allows patients with qualifying conditions
How To Open a Dispensary in Kentucky Key Takeaways Medical Marijuana in Kentucky: Kentucky has legalized medical marijuana for patients with qualifying conditions. Recreational Marijuana in Kentucky: Recreational marijuana remains
How to Open a Dispensary in Delaware Delaware Key Takeaways Medical Marijuana in Delaware: Delaware legalized medical marijuana in 2011, allowing patients with qualifying conditions to obtain cannabis through state-licensed
