DeSantis Signs Law That Could Give Black Farmers Chance To Enter Florida's Lucrative Medical Marijuana Industry

Gov. Ron DeSantis announced in a press conference Wednesday in the Florida Keys that he just signed four bills into law. Buried in one of them was a change of status for Black farmers who have been trying unsuccessfully for years to get medical marijuana licenses in Florida.

One bipartisan piece of legislation among the four, Senate Bill 1582, creates a grant program to advance research for rare pediatric diseases. Within that bill is a section that stipulates that more time must be given to Black farmers to fix errors or omissions on their medical marijuana licensure applications, specifically, applicants who have ties to the Pigford litigation. This is the second time in the last two years that the governor has approved such changes.

At least three Black farmers are expected to benefit from the changes, reported Florida Politics citing information from state Sen. Tracie Davis (D), who helped champion the 2024 changes that are included in the Senate bill.

The timing is right as Florida’s cannabis industry could be on the verge of big change if Amendment 3 legalizing recreational cannabis is approved in November. Analysts concur that Florida's legal weed spending is expected to reach $4.5 billion by 2028, positioning Florida as one of the largest marijuana markets in the country.

What Is The Pigford Litigation?

When Florida voters passed a constitutional amendment in 2016 legalizing medical marijuana, the law included a provision requiring health officials to issue a license to a Black farmer who was part of a class-action lawsuit over lending discrimination by the federal government, known as the "Pigford" litigation, which is a settlement with the Department of Agriculture that prohibits government discrimination against minority farmers.

However, when Florida first launched its licensing program, none of the first dispensaries were minority-owned. It wasn't until September 2023 that a Black farmer, Terry Gwinn, was issued a license. When Gwinn was awarded the license, the other 11 applicants for permits who were denied sued the state for discrimination.

Why This Matters

Under the new law, Black farmers who applied for licenses under the 2023 law now have 90 days to cure any errors or omissions on their previously submitted applications.

The new measure also notes that if a Black farmer applicant died after March 25, 2022, their death may not be used as a reason to deny the application or any resulting legal challenges. Many of the Black farmers who were part of lawsuit are too old to get back into farming and some died before the license could be issued.

What’s Taking So Long?

Roz McCarthy, director of Minorities for Medical Marijuana (M4MM) in Orlando says the situation for Black farmers has been exacerbated by enormous financial hurdles such as an application fee that can cost nearly $150,000. 

“Attorney fees, hiring technical writers and consultants, along with sourcing real estate for cultivation, processing, and dispensing locations, could run applicants at least half a million dollars,” McCarthy told Benzinga last year.

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Photo: Courtesy Of Annie Spratt On Unsplash