Florida Marijuana License to Grow

Do I Need a License to Grow Marijuana in Florida?

Growing marijuana in Florida for personal or commercial purposes is currently prohibited and considered a third-degree felony punishable by a lengthy prison sentence. The state presently issues only one cannabis business license - Medical Marijuana Treatment Center (MMTC) license. MMTC licenses are awarded to medical marijuana business operators, authorizing licensees to operate vertically integrated marijuana businesses. A vertically integrated marijuana business can legally grow, process, and dispense medicinal marijuana. The MMTC license is issued by the Florida Department of Health's Office of Medical Marijuana Use (OMMU). Hence, in accordance with the state's medical marijuana law, all growers cultivating marijuana in Florida must obtain MMTC licenses.

Do I Need a Federal Business License to Grow Marijuana?

No. Florida does not require marijuana growers to obtain federal business licenses in order to grow marijuana in the state.

What Kind of License Do I Need to Grow Marijuana in Florida?

Florida does not issue a dedicated cannabis license for cannabis growers or cultivators. Anyone interested in cultivating marijuana in the state can only do so by obtaining a medical marijuana treatment center (MMTC) license. MMTCs can also dispense low-THC cannabis and medical marijuana to eligible patients and caregivers. There are currently 22 MMTC licensees in Florida.

How Do I Obtain the License Needed to Grow Marijuana in Florida?

You cannot obtain a dedicated license to grow marijuana in Florida at the moment. However, when the state's Office of Medical Marijuana Use (OMMU) opens the application window again for MMTC licenses, you can obtain one in order to grow medical marijuana in Florida. While the rules used in awarding MMTC licenses in 2015 may not be the exact guidelines used when the next application window opens, future MMTC applications rules may be similar to the former guidelines. Hence, it is recommended that prospective applicants familiarize themselves with the current rules used in awarding MMTC licenses. In 2015, an MMTC license applicant was required to demonstrate the possession of:

A business registered and operating in Florida for at least five years
A valid nursery registration certificate issued by the Florida Department of Agriculture
Technical and technological capabilities for cultivating and manufacturing marijuana, particularly low-THC cannabis
Capacity to secure the necessary premises, resources, and personnel to operate an MMTC
The ability to exercise complete control over all cannabis products, including raw cannabis plant parts and any byproducts
The infrastructure necessary to dispense marijuana to qualified Florida medical marijuana patients who are registered
The financial resources necessary to maintain operations over the two-year approval period
A medical director to oversee the work of the MMTC
A diversity plan prioritizing the involvement of minority and veteran-owned businesses

In addition to these, applicants for MMTC licenses were also required to have background checks conducted for board members, officers, managers, and owners listed on their applications. Background checks require providing complete sets of fingerprints to the FDLE (Florida Department of Law Enforcement).

Also, MMTC license applicants were required to complete the Dispensing Organization Approval Form. The form comprises four sections. Part I of the application required an applicant to provide basic applicant information. Part II required an applicant to provide evidence of compliance with MMTC license requirements as mandated by law. Part III required an applicant to provide all materials mentioned in Rule 64-4.002, F.A.C., to the OMMU. Part IV of the application form contained information on how to submit the application and the application cost.

Application submissions were made to:

The Agency Clerk

Department of Health

2585 Merchants Row Boulevard

Tallahassee, FL 32399

It is recommended that persons looking to apply for MMTC licenses check the OMMU website regularly for information on when the next application window will open.