Florida lawmakers are pushing to end the emergency rulemaking powers that have governed the state’s medical marijuana program since 2017.
Under the House’s latest Health Care budget proposal, the Department of Health would no longer be able to issue rules outside the normal public process. Instead, it would be required to follow standard procedures, bringing an end to what lawmakers describe as years of opaque decision-making.
“I think it’s inappropriate to propagate rules for nearly a decade outside the sunshine and with zero transparency,” said State Representative Alex Andrade (R), who chairs the House Health Care Budget Subcommittee.
Medical marijuana was legalized in Florida through a voter-approved constitutional amendment in 2016. In the years since, the Department of Health has relied on emergency powers to regulate the program, including licensing treatment centers and dispensaries. While such authority is typically used for short-term action—limited to 90 days—it has remained in place for nearly eight years.
The move to repeal those powers comes after years of industry frustration. Some licensed operators have challenged what they say are arbitrary rules, while courts have at times upheld the Department’s authority. A recent example includes a federal court decision siding with the state over license renewal fees.
The proposal would not strip the department of its ability to create new rules entirely. Instead, it would require the agency to use the normal rulemaking process, which includes public input and more transparency.
