Martin County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Martin County?

The State of Florida’s Statute 381.986 legalized licensed cannabis cultivation in Martin County but restricted it to medical cannabis and low-tetrahydrocannabinol (THC) cannabis crops. The definition of medical cannabis under this law is cannabis with more than 0.8 percent of THC content by weight used exclusively in medical treatment. The definition of low-THC cannabis under the same law is cannabis with a maximum of 0.8 percent of THC content by weight and no limits on cannabidiol (CBD) content.

The Florida Department of Health (DOH) Office of Medical Marijuana Use (OMMU) is the state body for the regulation and licensing of medical cannabis and low-THC cannabis. It issues only one type of license – the Medical Marijuana Treatment Center (MMTC) license. The MMTC license gives its holder authority for the cultivation of medical cannabis and low-THC cannabis crops, as well as the manufacturing of medical cannabis and low-THC cannabis products, and the retail selling of all these to medical cannabis cardholders.

A company must submit the Application for Medical Marijuana Treatment Center Registration in person to the OMMU along with the following:

• Proof of having been a state-registered business for the previous five years, as attested by the Florida Department of Revenue (DOR) or Florida Department of State (DOS)
• Proof of having a current certificate of registration with the Florida Department of Agriculture and Consumer Services (DACS)
• Proof that all owners, board members, officers, and managers have passed a Level 2 background check not more than one year before the application
• Payment of the $60,830 fee

The OMMU office is at:

4052 Bald Cypress Way

Tallahassee, Florida

Not more than 10 days from approval, the licensee must put up a performance bond of $5 million. The MMTC license is renewable every two years with the same fee.

Statute 381.986 enables counties and municipalities to ban the establishment of licensed MMTCs within their territories by ordinance. Martin County allows licensed MMTCs. However, the Martin County Land Development Regulations Sec. 3.416 only allows MMTCs in the Limited Business District (HB-1). Also, there must be a minimum distance of 500 feet between an MMTC facility and a school. As of May 2023, there are 11 licensed MMTCs in Martin County, with eight of them in the City of Stuart, two in the City of Hope Sound, and one in the City of Jensen Beach.

According to Statute 381.986, medical cannabis and low-THC cannabis crops must be cultivated indoors and be physically separated from other types of crops. Furthermore, according to the State of Florida’s Plant Industry Statute XXXV Chapter 581, licensed MMTCs must thoroughly inspect their medical cannabis and low-THC cannabis crops daily to immediately spot any signs of disease or pests that may spread to the agricultural industry statewide. Such diseases or pests must be promptly wiped out using the most appropriate treatment or fumigation. MMTCs are only allowed to use pesticides that the DACS has approved specifically for plants meant to be consumed by humans.

Is Cannabis Manufacturing Legal in Martin County?

Statute 381.986 of the State of Florida legalized cannabis manufacturing in Martin County but restricted it to medical cannabis products and low-THC cannabis products manufactured by licensed MMTCs. This law requires that medical and low-THC cannabis products be manufactured only indoors and be physically separated from other types of products.

The licensed MMTC must observe DOH regulations on the use of potentially harmful gases and solvents. Solid and liquid waste management and disposal regulations on the state and federal levels must be followed.

All batches of medical and low-THC cannabis products must undergo testing through two random samples per batch. The samples must be saved for a minimum period of nine months within which a DOH-approved testing laboratory must do an audit on the samples, the MMTC’s production process, and the MMTC’s record-keeping. The tests will determine the following:

• The THC and CBD levels contained in the product samples
• Compliance with the potency requirements of the DOH
• Possible contamination of the product samples
• Accurate labeling of the product samples
• Safety for human consumption or usage of the product samples

After the laboratory submits the test results to the DOH, the DOH may request the DACS to verify those results using the same samples retained by the licensed MMTC.

A licensed MMTC that wishes to manufacture medical and low-THC cannabis products needs a DACS food permit in accordance with the Florida Food Safety Act Chapter 500. The requirements are the same as those for any other food business statewide, such as obtaining certification for Food Safety Good Manufacturing Practices and having the manufacturing facility inspected by an organization with national recognition.

Each serving of edible medical or low-THC cannabis products can have only up to 10 milligrams of THC. One package can have only up to 20 servings. The maximum variation in potency allowed is 15%. It is prohibited for a licensed MMTC to manufacture any edible medical or low-THC cannabis product that resembles treats meant for children.

All licensed MMTCs must package all their medical and low-THC cannabis products according to the United States Poison Prevention Packaging Act. All containers must be plain white and opaque with no image except for the MMTC’s logo which must have prior approval from the DOH. The information and warnings regarding cannabis products must be on the label attached to each package and the leaflet inserted in each. It is prohibited to use fonts and words used in products intended for children.

Is Cannabis Retail Legal in Martin County?

The State of Florida’s Statute 381.986 legalized cannabis retail in Martin County but restricted it to medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products sold only by licensed MMTC dispensaries to medical cannabis cardholders. Licensed dispensaries may operate only from 7 a.m. to 9 p.m.

A licensed MMTC dispensary may only sell to every medical cannabis cardholder the following daily purchase limit of medical and low-THC cannabis and cannabis products:

• 60 milligrams of THC in edible goods
• 150 milligrams of THC in topical preparations
• 190 milligrams of THC in sublingual products
• 190 milligrams of THC in suppositories
• 200 milligrams of THC in tinctures
• 200 milligrams of THC in capsules
• 2.025 grams or 0.7 ounces of dried cannabis flowers, ground flowers, or prerolls intended for smoking

The purchase limit for smokable medical or low-THC cannabis is a maximum of 2.5 ounces every 35 days for each medical cannabis cardholder. This can only be exceeded if the patient’s certification in the Medical Marijuana Use Registry (MMUR) indicates an approved physician’s request for an exception.

For all other medical and low-THC cannabis and cannabis products, the purchase limit for every medical cannabis cardholder is a 70-day supply or a maximum content of 24,500 milligrams of THC every 70 days.

Is Cannabis Delivery Legal in Martin County?

Statute 381.986 of the State of Florida legalized cannabis delivery in Martin County but restricted it to medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products delivered only by licensed MMTCs to medical cannabis cardholders. Separately, the transportation between licensed MMTCs of medical cannabis and medical cannabis products as well as low-THC cannabis and low-THC cannabis products is allowed.

How to Get a Medical Marijuana Card in Martin County

Residents of Martin County, whether permanent or seasonal, may apply to the OMMU to get an MMUR medical cannabis card. They must find an OMMU-qualified physician who will determine if they have any of the medical conditions that qualify for medical cannabis treatment. As of May 26, 2023, there were 24 qualified physicians in Martin County, with 17 in the City of Stuart, five in Palm City, and two in the City of Jensen Beach.

The medical conditions that qualify for inclusion in the MMUR are:

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

After making a diagnosis, the doctor will register the patient in the MMUR with the physician’s certification and the patient’s identity and email address. A patient below the age of 18 or an adult patient who is debilitated will need a caregiver, with the caregiver’s identity and email address posted on the registry, as well.

Once this has been done, the MMUR will send the patient and the caregiver separate emails and identification numbers for them to log into the online registry and finish their applications. If they are not in the database of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), they must each submit a photo and proof of residency.

Patients and caregivers may also print, fill up, and send the patient application form and caregiver application form by mail along with their respective photos and proofs of residency to:

Office of Medical Marijuana Use

PO Box 31313

Tampa, FL 33631-3313

All applicants must pay the $75 fee either online or through a mailed money order or check payable to the Florida Department of Health. The memo line must have the applicant’s identification number.

Caregivers are required to take the free MMUR Caregiver Certification Course and retake it every two years. Online applications are processed in approximately 10 days while three more days must be expected for mailed applications.

How Has Cannabis Legalization Impacted the Economy of Martin County?

Even if there is no separate tax for cannabis in the State of Florida, medical and low-THC cannabis and cannabis products are subject to the same state retail sales tax as other products. According to the DOR, this is generally at 6%. Overall sales of medical and low-THC cannabis and cannabis products statewide were around $1.3 billion in 2020. It was projected that in 2021, there would be $250 million in sales for edible medical and low-THC cannabis products alone.

Martin County also earns from the 11 MMTCs in the county since Statute 381.986 allows counties to subject MMTCs to the same permit fees or license fees charged to pharmacies.

The Effects of Cannabis Legalization on Crime Rates in Martin County

Medical cannabis and low-THC cannabis were legalized in Martin County in 2017. In the same year, according to data sent by the Martin County Sheriff's Office to the FBI’s Crime Explorer page, there was no arrest for marijuana offenses. There were also no arrests in the county for marijuana offenses in 2019 and 2020, the only two other data sets available.

In those years, the number of DUI arrests in Martin County was as follows:

• 2017: 372 arrests
• 2019: 331 arrests
• 2020: 364 arrests

For the entire state of Florida, the same FBI page shows that in 2016, a year before the legalization of Medical cannabis and low-THC cannabis, there were 138 arrests for marijuana offenses, comprised of 135 arrests for possession and three arrests for sales.

In 2018, a year after the legalization, there was no arrest for marijuana offenses.

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
• 2018: 1,613 arrests
• 2021: 30 arrests