Florida Judge Backs State’s Rejection Of Medical Marijuana Dispensaries | 95.3 WDAE

FLORIDA – A Florida judge has upheld state health regulators’ decision to block Green Thumb Industries (GTI) from opening medical marijuana dispensaries next to Circle K convenience stores.

GTI, the operator of RISE dispensaries across Florida, announced in October 2022 a partnership with Circle K to launch 10 dispensaries adjacent to Circle K stores in a pilot program scheduled for early 2023.

However, the Florida Department of Health’s Office of Medical Marijuana Use (OMMU) denied multiple location requests, citing legal and safety concerns.

Christopher Kimball, the OMMU director, rejected GTI’s proposals for dispensaries near Circle K locations in St. Petersburg, Ocala, and Orlando.

Kimball argued that placing dispensaries next to convenience stores and gas stations could lower operational standards compared to GTI’s original licensing terms.

He raised concerns over increased crime risks, security vulnerabilities, and exposure to minors due to the nature of convenience store products and frequent adolescent visits.

GTI challenged these denials, claiming the state imposed “unadopted rules” that unlawfully restricted their business growth.

Their legal team argued that Florida law does not explicitly ban dispensaries from opening near gas stations or convenience stores and highlighted other marijuana dispensaries operating near similar businesses.

Despite GTI’s claims, Administrative Law Judge Joshua Pratt ruled in favor of the state, stating that Kimball reviewed each request individually and applied consistent safety and legal standards.

Pratt emphasized that Kimball exercised appropriate discretion in assessing the risks associated with co-locating dispensaries with convenience stores.

The ruling comes amid leadership changes within the OMMU.

Former director Chris Ferguson, who previously approved similar dispensary locations, was replaced by Kimball in late 2022 following GTI’s announcement.

GTI has filed an additional legal challenge over the denial of a separate Ocala dispensary proposal, which remains pending.

In that case, GTI continues to question the state’s justification for linking crime risks to dispensary locations near convenience stores.

The outcome of the pending case could further influence how Florida regulates the placement of medical marijuana dispensaries as the industry continues to grow.