how to get a license to grow cannabis in florida

You have to create an account on FDACS.gov/hemp. A valid email address will be required to validate your user profile. Then, you can submit your Hemp Cultivation Application through FDACS.gov/hemp. The portal’s user-friendly interface provides you with a checklist of steps to enable a quick and easy application process.

Although there aren’t a lot of licenses available for new treatment centers in Florida, fortunately, the state is in the process of expanding its program. Additional licenses for treatment centers and grow ops will be awarded every time another 100,000 patients register. You can also use it to manage, renew, and view your current application(s) with the state.

Be on the lookout for communications from FDACS. Once you apply, the agency will start reviewing the application and contact you with updates. If it is complete and no further information is needed, you will receive an email with your license to grow cannabis .

Florida cannabis licenses don’t come cheap. In fact, they have sold in the past for as much as $67 million. Two Florida cannabis licenses went on sale at the end of 2019. One was listed for $40 million and allowed the owner to operate 30 dispensaries. The other license, listed for about $55 million, allows the holder to operate up to 35 dispensaries.

When applying, make sure it’s complete and that all information included is accurate and correct. Applicants may obtain property classification and property tax parcel number information from the Florida Department of Revenue website. Save your confirmation email.

The Application Process for growing cannabis in Florida.

Before coming to know how to obtain a license to grow cannabis in Florida , there are certain things you need to know, understand and get in order. The following checklist will help guide you through the process. In the light of preparations to be done in advance to seeking a permit, it will also ensure that you are granted the permit, as opposed to being rejected.

Nowadays, you have two options when wanting to obtain a license to grow cannabis in Florida , and legal entities – MMTCs – is one route. You can apply for it online. Not only will this authorize you to grow cannabis, but to possess, sell, and transport cannabis products as well. So, if you want to grow in Florida, you can go this route of obtaining your licenses from the Florida Department of Health.

And, on Apr 27, 2020, the Florida Department of Agriculture and Consumer Services launched the state’s online Hemp Cultivation Licensing Portal, allowing the public to apply for licenses to grow. Note that growing medicinal marijuana at home is illegal in Florida as of yet, but the state does allow you to apply for your hemp cultivation license, which means it will have to be controlled and on a large-scale.

Your online Hemp Cultivation Licensing Portal can be accessed at Hemp.FDACS.gov, or on the FDACS hemp webpage. The page also contains a link to an application checklist, so interested growers have the necessary information for a quick and relatively easy application process.

In 2016, when Florida legalized marijuana, marijuana growing operations were officially stamped as being part of Medical Marijuana Treatment Centers. Thus, to have started growing marijuana in Florida on a large-scale, or any scale, you must have also opened a Medical Marijuana Treatment Center. (MMTC). It’s safe to say that to obtain a license to grow cannabis in Florida comes with a fair share of diligence, honesty and paperwork.

To be a successful applicant, be sure to know and understand the rules outlined in this article. Once you’re a licensed cannabis grower in the state of Florida, you have certain ongoing responsibilities. These include regularly reporting your anticipated harvest dates and submitting samples for THC testing. Make sure you know and continue to comply with those requirements. Happy growing!

Cannabis Growing in Florida.

In the light of the number of cultivation licenses in Florida, they don’t come easy and are therefore extremely valuable. Since the official law of 2019, a mere 14 licenses have been issued in the state in total. A few more additional licenses were awarded as a result of a lawsuit filed against the state Department of Health. Out of 20 license holders today, 13 are actively operating. Don’t let these statistics put you off if you really want to do it.

If you’re planning to sell cannabis plants in addition to growing them, you will need to register as a nursery. You can do this by contacting the Division of Plant Industry.

Before Applying for a Permit, Prepare…

Florida has very limited laws at this time for growing marijuana at home. In order to learn all the Florida marijuana growing laws enroll at the Florida Marijuana University. Learn how to grow weed in Florida legally.

In Conclusion: Obey the Law, and Grow in Abundance.

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts. Signatures remain valid until February 1 of an even-numbered year. [11] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

The proposed title is as follows: [2]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state. [10]

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” [12]

Unique instances.

Peaceful Minds for Medical Marijuana is leading the campaign in support of the initiative. [2]

(11) “Marijuana plant” means a plant, including, but not limited to, a seedling or cutting. To determine if a piece or part of a marijuana plant severed from the marijuana plant is itself a marijuana plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. [3]

(6) “Medical use” means the acquisition, possession, use, growing up to nine mature flowering marijuana plants and possessing the harvest therefrom , delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [6]

The requirements to get an initiative certified for the 2022 ballot:

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana . Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. [4] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal. [5] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state’s definition of marijuana in that section. [7] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year. [8]

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

The measure would amend Section 29(b) of Article X of the Florida Constitution. The following underlined text would be added: [2]

The proposed ballot summary is as follows: [2]

Text of measure.

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. [9] Several state’s attorneys expressed disagreement with the Attorney General’s statements. Aaron McGown and Tom Wollman, state’s attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state’s attorney, said his office would not prosecute CBD cases based on his interpretation of the state law. [8]

The measure would amend Amendment 2 (2016), which legalized medical marijuana in Florida, to redefine “medical use” under the measure to include growing up to nine marijuana plants. The measure would also add a definition for “marijuana plant.” [1]

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Path to the ballot.

Challenges Facing Prospective Hemp Growers.

Only land zoned as agricultural or industrial by your respective county will be permitted for cultivating hemp in Florida. Land classified as agricultural by your county’s property appraiser is also eligible. Any plant nurseries registered with the Division of Plant Industry in the FDACS may obtain a license to produce hemp plants.

Land Classifications.

Uses for Hemp.

The THC threshold for hemp products in Florida is set at 0.35 percent. It can be challenging to find a plant that doesn’t cross this limit, as well as finding one that can grow in Florida’s climate. Constant testing can ensure your hemp stays on the lawful side, but administering tests can be expensive.

The hemp use many Floridians are excited about is cannabidiol (CBD) extraction, which has health benefits from its oil. Industrial hemp is also used in certain textile materials and seeds for consumption. What differs hemp from cannabis is its much lower concentration of THC, a psychoactive chemical, and its higher concentration of CBD.

Unfortunately, as of March 2020, only two entities in Florida have industrial permits to lawfully grow hemp: the University of Florida and Florida A&M University (the two land-grant universities in Florida). However, you may still apply for a license with the Florida Department of Agriculture and Consumer Services (FDACS). The state is currently waiting on the USDA (federal department of agriculture) to issue regulations on growing hemp, but you can still apply for a license while guidance is pending.

Until the USDA approves the Florida Hemp Plan, private farmers will not have a permit to grow and cultivate hemp. Once the pilot program gets the green light, though, you will be able to begin your next commercial enterprise.

Besides completing the application with the FDACS, you need to complete a background check and submit the results of the test with our application. You must also provide certain information about the cultivation site, including GPS coordinates of the location. Additionally, you need to provide documents and information on the storage, containment, and transportation of hemp. An important note is that a conviction related to a controlled substance within 10 years of applying will disqualify applicants.

Conclusion.

Preparing Your Application.

If you are seeking knowledgeable and innovative legal guidance concerning hemp permits, please reach out to Petkovich Law Firm at 305-358-8003. You can also keep up with Florida hemp developments at this link.