Indian River County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Indian River County?

Licensed cannabis cultivation in Indian River County is legal only for crops that are either intended for medical cannabis treatment or are low-tetrahydrocannabinol (THC) cannabis according to Statute 381.986 of the State of Florida. Low-THC cannabis is defined by the Statute as having a THC content of only 0.8% or lower by weight. Medical cannabis, on the other hand, is defined by the Statute as having a THC content higher than 0.8% by weight and no limit on its cannabidiol (CBD) content but used strictly for medical treatment only.

Medical cannabis and low-THC cannabis regulation and licensing are under the purview of the State of Florida’s Department of Health (DOH) through its Office of Medical Marijuana Use (OMMU). The OMMU issues only the Medical Marijuana Treatment Center (MMTC) license that covers medical cannabis and low-THC cannabis cultivation, medical cannabis and low-THC cannabis product manufacturing, and the dispensing of medical cannabis and low-THC cannabis and their products to medical cannabis cardholders.

The new MMTC application instructions and requirements came into effect in December 2022. The OMMU will specify application periods for batches of applications. The application must be delivered by hand within the application window to the:

Agency Clerk

Florida Department of Health

2585 Merchants Row Blvd., Suite 110

Tallahassee, FL 32399

The following must be submitted with the application, among other requirements:

• The $146,000 application fee in a cashier’s check made out to the Florida Department of Health (non-refundable if the application is denied)
• Proof in writing from the Florida Department of State (DOS) or Florida Department of Revenue (DOR) that the applying company has been a business registered in the state for the previous five successive years
• A current certificate of registration from the Florida Department of Agriculture and Consumer Services (DACS)
• A level-2 background check within the past year on all owners and managers of the applying company

Statute 381.986 does not allow a licensed MMTC cultivation facility to be at a distance of 500 feet or less from any school. Title IX Chapter 911 Section 911.11 of the Indian River County Code of Ordinances allows licensed MMTCs to have cultivation facilities only under administrative permit use in the general industrial district.

Statute 381.986 requires the cultivation of medical cannabis and low-THC cannabis to be indoors. If any other crops are being cultivated by the licensee, the medical cannabis and low-THC cannabis crops must be cultivated separately.

Statute XXXV Chapter 581 of the State of Florida’s Plant Industry requires licensed MMTCs to conduct a thorough daily inspection of their medical cannabis and low-THC cannabis crops to promptly identify and eradicate any pests or diseases that may spread throughout the statewide agricultural industry. The necessary fumigation or treatment must be done but the only pesticides that can be used are those that have been approved by the DACS for plants that are consumable by humans.

Is Cannabis Manufacturing Legal in Indian River County?

Cannabis product manufacturing in Indian River County is legal only for licensed MMTCs, and they can only process medical cannabis products and low-THC cannabis products according to the State of Florida’s Statute 381.986.

The Statute does not allow a licensed MMTC manufacturing facility to be located 500 feet or less from any school. The Indian River County Code of Ordinances Title IX Chapter 911 Section 911.11 allows the establishment of manufacturing facilities of licensed MMTCs only under administrative permit use in the general industrial district.

The manufacturing operations of licensed MMTCs are required by Statute 381.986 to be done indoors. If the licensee is manufacturing any other type of products, it must process the medical cannabis products and low-THC cannabis products completely separately.

To be able to process edible medical cannabis products and edible low-THC cannabis products, the licensed MMTC is required by the Florida Food Safety Act Chapter 500 to acquire a food permit from the DACS. This means having a manufacturing facility inspection by a national organization, obtaining a Food Safety Good Manufacturing Practices certification, and meeting the same requirements as other food businesses in the state.

Edible medical cannabis products and edible low-THC cannabis products are not allowed to look like food usually given to children. There can only be a maximum of 10 milligrams of THC per serving and 20 servings per package of medical cannabis and low-THC cannabis edibles. Potency variation may not exceed 15%.

All batches of medical cannabis products and low-THC cannabis products must pass random sample testing by a laboratory with DOH approval. The DOH may request the DACS to verify test results.

All medical cannabis products and low-THC cannabis products must be in packaging that is opaque, plain white and complies with the United States Poison Prevention Packaging Act. No images must be on the package apart from the DOH-approved MMTC logo. All packages must have labels and leaflet insertions that contain the information and warnings as required by Statute 381.986.

Is Cannabis Retail Legal in Indian River County?

Cannabis retail selling in Indian River County is legal only for licensed MMTCs, and they can only sell medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products to medical cannabis cardholders from 7 a.m. to 9 p.m. under Statute 381.986 of the State of Florida.

Statute 381.986, however, allows counties and municipalities to ban by ordinance the dispensing facilities of licensed MMTCs within their jurisdictions. Hence, Title II Chapter 306 Section 306.15 of the Indian River County Code of Ordinances prohibits licensed MMTCs from having dispensary facilities in the county’s unincorporated areas. Among the incorporated cities of the county, though, there are three licensed MMTC dispensary facilities, with two of these dispensaries in the City of Sebastian and one in the City of Vero Beach.

There is a 70-day supply limit to medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products that a licensed MMTC dispensary can sell to a medical cannabis cardholder in every 70-day period. This has a cap of 24,500 milligrams of THC.

For medical and low-THC cannabis meant for smoking, though, the purchase limit is lower, with a cap of 2.5 ounces in every 35-day period. The patient’s physician’s request for an exception approved by the OMMU must be posted on the Medical Marijuana Use Registry (MMUR) for the licensed dispensary to allow the patient to purchase more.

Within these periods, a medical cannabis cardholder can only purchase the following medical and low-THC cannabis items per day:

• Edible products: 60 milligrams of THC
• Topical formulations:150 milligrams of THC
• Sublingual formulations: 190 milligrams of THC
• Suppositories: 190 milligrams of THC
• Tinctures: 200 milligrams of THC
• Capsules: 200 milligrams of THC
• Dried cannabis flowers or prerolls for smoking: 2.025 grams or 0.7 ounces

Is Cannabis Delivery Legal in Indian River County?

Licensed MMTCs are allowed to deliver medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products to medical cannabis cardholders in Indian River County under the State of Florida’s Statute 381.986.

The Statute also allows licensed MMTCs to transport medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products among themselves.

How to Get a Medical Marijuana Card in Indian River County

To get a medical cannabis card from the MMUR, a permanent or seasonal resident of Indian River County must apply to the OMMU. A physician qualified under the OMMU must check if the applicant has one of the ailments that are qualified for medical cannabis or low-THC cannabis treatment. In Indian River County, there are three of these doctors in the City of Sebastian and 17 in the City of Vero Beach.

The qualifying ailments for medical cannabis or low-THC cannabis treatment are:

• Crohn’s disease
• Glaucoma
• Epilepsy
• Parkinson’s disease
• Amyotrophic lateral sclerosis (ALS)
• Multiple sclerosis (MS)
• HIV/AIDS
• Post-traumatic stress disorder (PTSD)
• Cancer
• Comparative medical conditions
• Terminal illness diagnosed by two qualified physicians

The qualified patient will be registered in the MMUR by the physician through the posting of the physician’s certification. Patients younger than 18 are required to have caregivers. Incapacitated adult patients may also designate caregivers. The name and email address of the patient and the caregiver will be posted on the registry.

The patient and caregiver will receive emailed instructions from the MMUR on how to log in and complete their applications. Those who are not in the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) database will be asked for their proof of residency and a recent photo in addition to the $75 fee payable online.

Applications by mail are also accepted by sending the completed patient application form, caregiver application form, respective proofs of residency, respective photos, and a check or money order for $75 to the:

Office of Medical Marijuana Use

PO Box 31313

Tampa, FL 33631-3313

The check or money order must be made out to the Florida Department of Health, with the payor’s MMUR-supplied identification number on the memo line.

The OMMU may be reached for queries at:

Department of Health

Office of Medical Marijuana Use

4052 Bald Cypress Way

Tallahassee, Florida

Phone: 1-800-808-9580

How Has Cannabis Legalization Impacted the Economy of Indian River County?

Statute 381.986 does not mention any special taxes for medical cannabis and low-THC cannabis but these are subject to the regular state retail sales tax in the State of Florida, which is generally at a rate of 6% as stated by the DOR. In 2020, the state earned tax revenues of about $73.8 million and licensing fees of about $50 million from medical cannabis and low-THC cannabis.

According to the OMMU weekly update for June 2 to 8, 2023, total sales statewide of medical cannabis was 298,639,633 milligrams of THC, while total sales statewide of low-THC cannabis was 3,067,885 milligrams of CBD.

Municipalities such as the City of Sebastian and the City of Vero Beach in Indian River County are allowed by Statute 381.986 to charge licensed MMTCs the same fees they charge pharmacies.

The Effects of Cannabis Legalization on Crime Rates in Indian River County

Medical cannabis and low-THC cannabis were legalized in the State of Florida in 2017. On the FBI’s Crime Explorer page, data shows that in the same year, there were 138 arrests for marijuana offenses statewide, comprised of 135 arrests for possession and three arrests for sales.

In 2019, two years after the legalization of medical cannabis, there were 76 arrests for marijuana offenses, comprised of 74 arrests for possession and two arrests for sales.

In 2020, there were 17 arrests for marijuana offenses, comprised of 16 arrests for possession and one arrest for sales.

The latest data available, which is from 2021, shows 20 arrests for marijuana offenses, comprised of 19 arrests for possession and one arrest for sales.

In those years, the number of DUI arrests statewide was as follows:

• 2016: 32,697 arrests
• 2019: 33,872 arrests
• 2020: 29,126 arrests
• 2021: 30 arrests