A Florida judge upheld state regulators’ decision to block Green Thumb Industries (OTCQX: GTBIF) from opening dispensaries next to Circle K gas stations, citing security concerns and risks to minors.
Administrative Law Judge Joshua Pratt ruled last week that Florida’s Office of Medical Marijuana Use acted appropriately when denying Green Thumb’s requests for dispensaries at Circle K locations in St. Petersburg, Ocala and Orlando, the News Service of Florida reported.
The ruling halts Green Thumb’s plans, announced in October 2022, to launch 10 “RISE Express” dispensaries through a partnership with Circle K’s parent company Alimentation Couche-Tard (OTC: ANCUF) across Florida.
Green Thumb CEO Ben Kovler called it a “futuristic deal” at the time.
The Florida proposal was Alimentation Couche-Tard’s way of carrying over a pilot program in Canada. Fire & Flower, a Canadian cannabis retailer, opened several stores adjacent to Circle K locations in Ontario in late 2022, Green Market Report covered at the time. The company previously launched similar co-located stores in Alberta.
In a letter denying the Ocala location request, Christopher Kimball, director of Florida’s Office of Medical Marijuana Use, cited what he described as “increased risks of crime” around convenience stores and concerns over youth presence at such locations, the News Service of Florida reported.
Will Hall and Daniel Russell, attorneys for Green Thumb Industries, argued in legal filings that state law contains no explicit restrictions on cannabis dispensaries operating near gas stations. Their petition included examples of existing dispensaries near convenience stores, including one Trulieve location that shares a Gainesville strip mall with a Wawa.
The company’s legal team specifically called out what they termed “unadopted rules” being applied by health officials.
“These unadopted rules restrict the growth of these businesses despite the fact that the entities are otherwise in compliance with statutory and properly promulgated regulatory requirements,” GTI’s attorneys argued in filings, according to the News Service of Florida.
The state health department initially responded cautiously to the proposal, telling Green Market Report in October 2022 that “Florida has never approved a Medical Marijuana Treatment Center to operate out of a gas station,” though officials noted such arrangements could potentially be approved if compliant with state rules.
But the case emerged amid leadership changes at Florida’s cannabis regulatory office. Former director Chris Ferguson, who had approved similar location requests, was reassigned weeks after Green Thumb’s Circle K announcement. Gov. Ron DeSantis then appointed Kimball, a former Navy JAG Corps attorney.
Green Thumb, which operates seven Florida dispensaries, filed an additional case contesting the denial of its proposed Ocala location, according to state administrative court records. In that pending petition, the company’s lawyers question whether there is any legal basis for assuming higher crime risks near convenience stores.
In his ruling, Pratt, a former lawyer for Gov. Ron DeSantis’ administration, emphasized that Kimball “considered all three of the variance requests on a case-by-case basis” rather than applying a “bright line policy,” the News Service of Florida reported.
Florida’s medical marijuana program currently serves more than 895,000 registered patients, according to state health department data.