Surterra Wants Fla. Cap Lifted On How Many Medical Marijuana Stores It Can Operate

Jun 5, 2019

One of the state’s largest medical-marijuana firms that currently operates two First Coast area stores wants to grow bigger.

Alpha Foliage filed a petition last week with the state Office of Medical Marijuana Use seeking to increase its number of storefronts. The company, which operates as Surterra Wellness, is asking the state to exempt its 13 original “medical marijuana treatment centers” from a statutory cap that limits the number of storefronts to 35.

Related: Jimmy Buffett's Coral Reefer Cannabis Sold At Surterra Wellness

The company has a Surterra Wellness location in Jacksonville at 537 Park Street and in Orange Park at 80 Blanding Boulevard. 

The cap was put in place by the Legislature in 2017 after Florida voters passed a constitutional amendment that broadly legalized medical marijuana. 

Other medical marijuana operations are also setting up shop in Jacksonville. Curaleaf has a dispensary on the Westside, Trulieve operates one on Beach Blvd.  and MedMen is planning a dispensary in Five Points.

The cap expires in April 2020. The state already has authorized a Surterra competitor, Trulieve, to go beyond the cap. In the filing last week, Surterra attorneys asked the state to interpret the law “consistent with the manner it did for Trulieve.”

Surterra operates 23 locations statewide and has additional locations pending for approval. Trulieve successfully sued the state in Leon County circuit court arguing that the restriction on the number of treatment centers “arbitrarily impairs product availability and safety” and “unfairly penalizes” pot providers.

The suit also asserted that dispensary locations initiated prior to enactment of the 2017 law should be grandfathered and not counted toward the statutory cap.

The state Office of Medical Marijuana Use appealed the initial ruling but subsequently reached a settlement with Trulieve in late March. Under terms of the settlement, the state agreed to exclude from the statutory cap the 14 stores that Trulieve operated prior to the broad legalization of marijuana.

Those 14 stores dispensed non-euphoric, low-THC marijuana that was first legalized in 2014. Data posted by the Office of Medical Marijuana Use shows that as of Friday, there were 224,815 active registered medical-marijuana users in the state.

Medical marijuana treatment centers dispense cannabis products to qualified patients and caregivers as recommended by their physicians.

WJCT News contributed to this story