Florida Court Deems State’s Medical Marijuana Industry Unconstitutional

Florida’s medical marijuana law is a “vertically integrated” system. This means that license holders have to grow, distribute and process all medical marijuana products from seed to sale. A Florida Appellate court has deemed the “vertical integration” unconstitutional.

One of the biggest questions regarding this ruling is the licensing process, according to the South Florida Sun Sentinel. Lawyers representing the state are arguing that the licensing process for dispensaries should be overturned. This has been a constant issue in the state, but is only now coming to a point where it can impact the industry and the state’s patients.

The lawyers said, via statement, “The uncertainty surrounding the current licensing and enforcement of MMTCs (medical marijuana treatment centers) during this ‘reasonable period of time,’ coupled with the near certain litigation surrounding the (health) department’s implementation of an entirely new medical marijuana regulatory and licensing structure, will only serve to draw out the court-ordered ‘wholesale restructuring of the medical marijuana industry in Florida.’”

Governor DeSantis questions the vertical integration system. He’s unsure whether it is the right approach for the state.

As the battle continues, the Florida medical marijuana industry could face a few more bumps in the road before the law is finalized and lawsuits stop being filed. It’s unsure whether the “vertical integration” portion of the law will remain intact.