Understanding the Variance Process for Florida MMTCs

Florida Medical Marijuana Treatment Centers (MMTCs) operate under strict regulatory oversight as established by Section 381.986, F.S., and the rules adopted under that statute. Additionally, MMTC licensees must adhere to the specific representations made in their initial applications for licensure. Any modifications—ranging from the introduction of a new strain or product to changes in ownership, facility expansions, or even the addition of new equipment—require prior approval from the Office of Medical Marijuana Use (OMMU) through the variance request process. The variance request process is governed by rule 64-4.023, F.A.C.

Submitting a Variance Request

MMTCs may submit variance requests to OMMU either through an online portal or via email. The request must include a detailed narrative explaining the proposed change along with the necessary supporting documentation. The specific documentation required varies based on the nature of the request.

For example, when seeking approval for a new dispensing facility, an MMTC must provide:

·      A proposed, to-scale floor plan detailing all required security and facility features and labeling each room or area.

·      Proof of property ownership or an executed lease agreement, including written consent from the property owner and/or mortgagor for marijuana dispensing operations.

·      A radius survey demonstrating compliance with the 500-foot distance requirement from K-12 schools.

·      Facility standard operating procedures (SOPs) that demonstrate compliance with all applicable law and regulations.

·      Documentation from the local municipality (city or county) confirming proper zoning for a dispensing facility.

·      A certificate of occupancy or an equivalent document.

For facility-related variances, OMMU typically conducts an on-site inspection in addition to reviewing submitted documents. If further information is required, OMMU will issue a written request specifying the additional materials needed.

Approval or Denial Process:

When reviewing a variance request, OMMU assesses compliance with all relevant laws and regulations. Additionally, the request is compared against the representations made in the MMTC’s initial application and any previously approved variances.

According to the variance submission form, incorporated by rule, "A variance may not be granted unless the requesting MMTC can demonstrate to the department that it has a proposed alternative to the specific representation made in its application, which fulfills the same or a similar purpose in a way that the department can reasonably determine will not be a lower standard than the specific representation in the application. Based on the individual facts and circumstances surrounding the request, additional information may be required."

Once all requested materials are provided, OMMU will issue a formal letter either approving or denying the variance request.

Public Records Considerations

It is important to note that communications with OMMU may be subject to public records disclosure under Florida law. To protect sensitive business information, MMTCs should claim an exemption for trade secrets or other confidential materials and provide a redacted version of the variance request at the time of submission.

By understanding and carefully following the variance request process, MMTCs can reduce operational delays and efficiently implement necessary changes while maintaining compliance with Florida’s medical marijuana regulations.