Do MMTCs Really Need a Medical Director? What Florida Law Requires
If you operate or advise a Medical Marijuana Treatment Center (MMTC) in Florida, one of the statutory requirements you need to be aware of is the medical director mandate. Under section 381.986(8)(a)9., Florida Statutes, every MMTC must employ a medical director to “supervise the activities” of the MMTC.
But what does that actually mean in practice? Here's a breakdown of what is required and why it matters.
Who Can Serve as a Medical Director?
To qualify, a medical director must:
Hold an active, unrestricted license to practice as an M.D. or D.O. in Florida
Complete a two-hour online course and pass an associated test
Undergo and pass a Level 2 background screening
Importantly, a medical director cannot also serve as a qualified physician who recommends marijuana to patients. Florida law prohibits qualified physicians from having any economic interest in an MMTC, which includes serving in a compensated medical director role.
What Are Their Duties?
The Florida Department of Health, through the Office of Medical Marijuana Use (OMMU), does not prescribe specific job duties for MMTC medical directors. In practice, some MMTCs use their medical directors more actively than others. A medical director might help develop standard operating procedures (SOPs), educate staff or patients, or provide clinical oversight depending on the needs of the business.
Continuity Is Critical
MMTCs must maintain a medical director at all times. If there is a lapse—whether due to resignation, an expired license, or disciplinary action—the MMTC may lose access to the Medical Marijuana Use Registry and will not be permitted to dispense products to patients. Even license discipline or investigations in other states can impact a director’s Florida license, which can have immediate operational consequences.
To avoid disruption, MMTCs should:
Include a reasonable notice requirement in the medical director’s contract
Maintain a succession plan in case the director resigns or becomes ineligible
Require the director to promptly report any potential disciplinary action, even from other jurisdictions
Final Thoughts
Yes, every MMTC in Florida is legally required to have a medical director—and the requirement is more than just a box to check. Ensuring your director meets all qualifications and maintaining uninterrupted coverage is essential to avoid disruptions in business operations. Like many regulatory obligations in this space, it's best to plan ahead and treat compliance as a core part of your operational strategy.