How To Open A Dispensary In Florida (NEW Guide For 2022)

Overview

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.

Cannabis Legalization Efforts

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.

Ongoing Florida Recreational Marijuana Legalization Efforts

• Adult Personal Use of Marijuana (2025): On January 14th, Florida cannabis activists submitted a new initiative to legalize recreational marijuana for adults 21 and older, following the failure of a similar measure in November 2024. The proposal, filed by Smart & Safe Florida, seeks to allow possession of up to two ounces of cannabis, five grams of concentrates, and establish regulations for production and sale. However, Smart and Safe Florida did not reach the 880,000 verified signature threshold by February 1st, leaving the ballot pathway uncertain. SB 1398 (2026): On January 8, a Florida state senator filed SB 1398 to legalize adult-use cannabis for persons 21 and older, allowing possession within defined limits (up to 4 ounces of cannabis and products up to 2,000 mg THC). It revises Florida’s medical marijuana governance and allows existing medical providers (MMTCs) to apply for adult-use retail licenses. The bill includes provisions to restructure how MMTCs are licensed and to address past convictions related to marijuana. Most provisions would take effect January 1, 2027. 

Failed Florida Marijuana Legalization Efforts:

• HB 291 (2021): Filed by State Representative Yvonne Hayes Hinson on January 19, 2021, this bill aimed to legalize recreational marijuana for adults 21 and older. 
• SB 710 and HB 343 (2021) – Recreational Sales in Medical Marijuana Stores: Introduced by Sen. Jeff Brandes and Rep. Carlos Guillermo Smith, these bills sought to allow adults 21+ to purchase and use limited amounts of marijuana without a medical card. 
• SB 974 (2023): Introduced on December 15, 2023, this bill sought tax relief for licensed medical marijuana businesses to allow state tax deductions otherwise disallowed by IRS code 280E. 
• Florida Medical Marijuana Home Cultivation Initiative (2024): This initiative aimed to legalize the home cultivation of medical marijuana. Financial challenges led to its withdrawal on November 27, 2023, as it failed to raise sufficient funds to qualify for the 2024 ballot.
• HB 1269 (2024): Proposed by the Florida House Healthcare Regulation Subcommittee on February 1, 2024, this bill aimed to establish THC limits for recreational use in anticipation of future legalization.
• SB 7050 (2024): Introduced by the Senate Health Policy Committee on February 8, 2024, this bill proposed a 30% THC cap for smokable marijuana, 60% for non-smokable forms, and 200 mg for edibles.
• Amendment 3 (2024): On August 23, 2022, Smart & Safe Florida filed a ballot initiative to legalize recreational marijuana for adults aged 21 and older in Florida. Approved for signature gathering, the measure gained momentum and by April 6, 2023, it had collected 25% of the required signatures, qualifying it for a review by the state supreme court. By June 1, 2023, state officials confirmed the initiative had gathered enough valid signatures. The Division of Elections officially placed the initiative on the ballot on June 6, 2023. On January 26, 2024, the initiative received its ballot designation as Amendment 3 after its sponsors submitted over 1 million valid signatures. Finally, on April 1, 2024, the Florida Supreme Court ruled that Amendment 3 could appear on the statewide ballot. If passed, it would have allowed adults to possess up to three ounces of marijuana (including up to five grams of concentrate), with sales authorized through existing Medical Marijuana Treatment Centers and potential for additional licensed entities if permitted by state law. However, on November 5, 2024, the initiative was defeated at the polls.

The Opportunity Size

As of 2025, Florida’s population has surpassed 23 million. With a large and rapidly growing population and one of the highest medical marijuana participation rates in the country, the state represents one of the nation’s most significant potential cannabis markets. Forecasts estimate that Florida’s cannabis market could reach about $2.6 billion in annual sales by 2026, signaling strong demand across cultivation, manufacturing, retail, and ancillary services. This matters for entrepreneurs because a large population combined with rising patient participation and strong tourism increases both customer volume and long-term market stability.

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.

Local Cannabis Restrictions and Laws

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 Margate, Pembroke Pines, Highland Beach, Hillsboro Beach, Delray Beach, Lauderdale-by-the-Sea, Royal Palm Beach, Sea Ranch Lakes, and Southwest Ranches continue to enforce bans on marijuana dispensaries. Other municipalities that previously enacted bans including Boca Raton, Coral Springs, and Tamarac now allow medical marijuana dispensaries under specific zoning rules.

Florida Marijuana Possession Laws

Florida continues to treat the personal possession of marijuana without proper authorization as a criminal offense. Possessing less than 20 grams is classified as a misdemeanor and may result in fines, court penalties, or potential jail time. Possessing 20 grams or more elevates the charge to a felony, which carries significantly stronger consequences under state law.

Products containing THC concentrate are handled more strictly. Items such as vape cartridges, oils, and similar concentrated forms are considered felonies to possess without authorization, regardless of the amount.

Enforcement of low-level possession can vary by location. Several cities and counties, including Tampa, Orlando, Miami-Dade County, and Key West, have local programs that treat small amounts as civil citations rather than criminal charges. These local policies do not change statewide law but may influence how possession cases are handled in specific jurisdictions.

Medical Marijuana

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.

Medical Marijuana Dispensaries and Cannabis Business Opportunities

One of the most common questions we receive is what licenses are needed to start a dispensary in Florida. The answer is that Florida does not offer standalone dispensary licenses, and you must obtain a Medical Marijuana Treatment Center (MMTC) license, which covers the entire vertical operation.

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 in the emergency rules text.

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. 

A November 21, 2025 report from the Office of Medical Marijuana Use (OMMU) says that Florida has seen significant growth in its medical marijuana program. 929,916 people qualify for medical marijuana in the state. The number of qualified doctors has reached 2,460, 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 734 dispensing locations now operational. This expansion reflects the increasing accessibility and acceptance of medical marijuana as a treatment option in Florida.

Medical Cannabis Dispensary Application Fee and Guidelines

In opening 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. 

When estimating the cost of opening a dispensary in Florida, applicants must factor in the MMTC application fee, the substantial license renewal cost, real estate, security, compliance, and operational build-out expenses. The Florida dispensary application process is controlled by the Department of Health and requires a full MMTC license covering cultivation, processing, and dispensing. A vertically integrated model requires detailed operational planning, often supported through cannabis operations consulting.

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.

Recreational Dispensaries

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.

Recreational Use Dispensary Application Guidelines

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.

Future Plans

As mentioned earlier, the Florida Marijuana Legalization Initiative may appear on the state ballot as an initiated constitutional amendment.

Many entrepreneurs are watching closely for updates on how to get a dispensary license in Florida once the state opens a new application window, since demand for MMTC licensing far exceeds supply. Working with a Florida cannabis consultant can help businesses evaluate timing, capital readiness, and regulatory positioning before the next application window opens.

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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• When will new Florida cannabis license applications be available?
• How much will it cost to open a dispensary in Florida?
• What are the requirements to open a dispensary in Florida?
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