Judge Upholds Florida’s Rejection of Dispensaries Near Circle K Stores

An administrative law judge ruled that Florida regulators acted within their rights by denying Green Thumb Industries’ (GTI) request to open medical marijuana dispensaries adjacent to Circle K convenience stores. GTI, which operates RISE dispensaries in Florida, had planned to launch dispensaries next to Circle K locations starting in 2023. However, the state’s Office of Medical Marijuana Use, led by Director Christopher Kimball, rejected these plans, citing safety, security, and compliance concerns.

Kimball argued that locating dispensaries near convenience stores could lower standards and increase crime risks. GTI challenged these decisions, claiming the denials were based on “unadopted rules” and inconsistent with state law. However, Judge Joshua Pratt upheld Kimball’s decisions, stating that each case was reviewed individually and that the factors concerning convenience stores were relevant and properly applied.

GTI contended that other dispensaries are located near similar businesses, but the ruling emphasized the discretion of regulators in determining compliance with state law. GTI’s legal challenges continue, including a pending case about a denied dispensary in Ocala, questioning the legal basis for objections tied to crime risks at such locations.