Green Thumb Industries (GTI), which operates Rise dispensaries in Florida, is continuing its effort to sell marijuana alongside convenience stores by filing an appeal with the 1st District Court of Appeal.
The appeal follows a January 7 ruling by Administrative Law Judge Joshua Pratt, who sided with state health regulators in rejecting the company’s proposal.
GTI initially announced plans in October 2022 to launch a pilot program with 10 dispensaries located adjacent to Circle K convenience stores in Florida, beginning in January 2023. However, Christopher Kimball, director of Florida’s Office of Medical Marijuana Use, denied requests for dispensary locations in St. Petersburg, Orlando, and Ocala. Kimball cited noncompliance with state laws as the reason for the rejection.
In response, GTI filed an administrative petition accusing Kimball of improperly applying “unadopted rules” to block the dispensary plans. The company highlighted instances where other marijuana dispensaries near or adjacent to gas stations or convenience stores had been approved by Kimball or his predecessor.
Judge Pratt’s ruling supported Kimball’s decision, emphasizing that approvals were made “on a case-by-case basis.” The high-profile nature of GTI’s proposed partnership with Circle K garnered national attention and raised questions about the regulatory challenges marijuana companies face in Florida.
GTI is also pursuing a separate case regarding the denial of a proposed dispensary in Ocala. That dispensary would be in a building separate from a neighboring Circle K. The pending case challenges state officials’ claims that dispensaries located near convenience stores pose an increased risk of crime.
The notice of appeal filed Thursday did not include details about GTI’s arguments, but the company remains determined to move forward with its plan.
