Oh No. We Got a Notice of Violation from the Office of Medical Marijuana Use. What to Do?

For medical marijuana companies, compliance is a top priority. A perfect record is the goal, but even the most diligent operators may receive a negative inspection report and/or a Notice of Violation from Florida’s Office of Medical Marijuana Use (OMMU) at some point. While it’s certainly not ideal, it’s also not the end of the world—so long as you respond appropriately and within the required timelines.

Here’s what you need to know if your business receives a Notice of Violation.

1. Be Careful—Your Communications Are Public Records

It’s important to remember that most communications with OMMU are public records under Florida law. This means that anything you put in writing—including emails, corrective action plans, and responses—can potentially be accessed by the public if you don’t take steps to to identify and redact information claimed as trade secret or otherwise exempt information, and provide a redacted copy.

Additionally, in some circumstances, these communications can be used against you in a disciplinary proceeding. Be mindful of what you say and how you say it. If you are uncertain about how to respond, consult with an attorney before submitting anything to OMMU.

2. Act Quickly—You Have Strict Deadlines

The deadlines for responding to a Notice of Violation are short and strictly enforced:

• 7 Days: You generally have seven (7) days from receipt of the notice to submit a corrective action plan (CAP) addressing the issue.

• 21 Days: You typically have twenty-one (21) days to request a formal or informal hearing if you wish to contest the violation.

Critically, conversations with OMMU do not automatically toll these deadlines—meaning that even if you are in active discussions with regulators or think OMMU made a mistake, your deadline to file still applies unless you have received an official extension (preferably in writing).

If you miss these deadlines, you may waive your right to challenge some or all of the allegations, leaving you with fewer options to resolve the issue.

3. Requesting a Hearing? Certain Requirements Apply

If you choose to challenge the violation, there are specific legal requirements for requesting a hearing. The request must be properly formatted and submitted in accordance with Florida’s administrative rules. Failure to meet these requirements can result in your request being denied. Again, consulting with legal counsel can be critical to ensuring compliance.

4. Settlement May Be an Option

Depending on the nature of the violation, you may be able to negotiate a settlement with OMMU rather than going through the full disciplinary process. Settlements can sometimes result in reduced penalties or alternative resolutions - Devon has successfully negotiated millions of dollars worth of fine reductions on behalf of MMTC clients. However, it’s important to fully understand the terms and implications of any agreement before accepting it.

Final Thoughts

Receiving a Notice of Violation from OMMU is serious, but it’s not insurmountable. The key is to act promptly, carefully, and strategically:

✔️ Be cautious with communications—they’re public and could be used against you.
✔️ Meet all deadlines—failure to do so may waive your rights.
✔️ Ensure your hearing request is properly formatted—or risk rejection.
✔️ Consider settlement options—if they serve your business interests.

When in doubt, seek professional guidance to protect your license and business. Compliance is complex, but a well-managed response can help mitigate risks and keep your medical marijuana operations on track