Florida’s First District Court of Appeal has upheld a state formula requiring medical marijuana operators to pay around $1.3 million in biennial license renewal fees, rejecting arguments that the state should offset these costs with other cannabis-related revenue.
The unanimous ruling, issued Wednesday, affirmed that the Florida Department of Health acted within its statutory authority when establishing the fee structure for operators to run dispensaries, or medical marijuana treatment centers (MMTCs) as they’re officially called.
Chief Judge Timothy D. Osterhaus, writing for the court, found the emergency rule was consistent with state law requiring license fees to cover regulatory costs.
“We see no arbitrariness or capriciousness in the rule’s formula because § 381.986(8)(b) explicitly conditions the Department’s licensing fee-setting authority on covering two specific costs with these fees,” the decision said.
The case stemmed from a challenge by Sanctuary Cannabis, which runs 25 dispensaries throughout Florida. The company had argued that the department’s emergency rule was arbitrary because it failed to account for other sources of revenue received by the department.
According to the court opinion, Sanctuary “argued that the emergency rule was arbitrary, capricious, and an invalid exercise of delegated legislative authority under § 120.52(8)(e), Florida Statutes, because it failed to account for other sources of marijuana-related revenue.”
The court disagreed, finding the statutory language was clear.
“In other words, the statute’s plain text demands that MMTC licensing fees cover the Department’s implementation and administration costs,” the ruling stated. “Conversely, the statute says nothing of giving flexibility to the Department to net out the card fees paid by customers or other fines to lower the MMTC’s licensing costs.”
The court’s decision comes as Florida’s cannabis industry continues to evolve, with the state recently approving 22 new medical marijuana operators that will nearly double the number of licensed companies. The expansion follows years of litigation over the state’s licensing process.
The ruling reinforces the high cost of operating in Florida’s medical marijuana market, which analysts project will reach $2.8 billion in sales this year despite voters rejecting recreational legalization in 2024.
The state health department’s emergency rule established in December 2022 includes a formula that divides implementation costs from the previous two fiscal years, minus revenue from initial license applications, by the total number of licensed MMTCs.
But Florida’s medical marijuana industry continues to deal with price competition pressures, according to industry analysts, with a recent look at the market showing prices fell 30% in the fourth quarter of 2024.
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