Florida’s wide-ranging licensing provisions for medical marijuana treatment centers remain in place as a result of a state Supreme Court ruling last week that went against a challenge by the Florigrown LLC treatment center.
In 2019, Florigrown won a temporary injunction against state enforcement of parts of Florida’s medical marijuana regulatory system in the First District Court of Appeal. The company argued the requirement that license holders have what’s known as a vertically integrated supply chain was in conflict with the Florida Constitution. Florigrown also challenged caps on the number of licenses available.
“We hold that Florigrown has not demonstrated a substantial likelihood of success on the merits of any of its constitutional claims,” the state Supreme Court said in its May 27 ruling. “Accordingly … we quash the First District’s decision.”
Former Lt. Gov. Jeff Kottkamp
The state’s medical marijuana regulatory system, which was developed after Florida residents voted to legalize medical marijuana in 2016, aims to license a select number of companies that are able to oversee the development of cannabis from cultivation to dispensing. Critics, however, view the system as too restrictive and an impediment to the growth of the industry in the state.
Jeff Kottkamp, a former Florida lieutenant governor who represents clients who supported Florigrown’s challenge, said the high court’s decision was narrow and left open the possibility that additional evidence or arguments about the merits of Florigrown’s case could lead to a different outcome.
“It is worth noting that the Supreme Court is technically not ruling on the merits of the case – because there has never been a full-blown trial on the merits,” Kottkamp said in an email to the Florida Record. “The only matter before the court was the appeal of the temporary injunction.”
His clients simply want an opportunity to compete in an equitable system, Kottkamp said.
“My clients have waited years to simply apply for a license,” he said. “They are confident that they will be successful if the Department of Health has an application process that is open and fair – and which results in licenses being awarded to the most-qualified applicants.”
Currently, the medical marijuana licenses that have been awarded to companies allow only the sale of low-THC products, according to Kottkamp. THC is the chemical in marijuana products responsible for most of its psychoactive effects.
“The state has never actually accepted and assessed applications from companies qualified to sell a broad range of full-blown THC medical marijuana products,” he said.