Circuit Judge Lifts Cannabis Injunction in Florida Licensing Dispute

Injunction Vacated After Eight-Month Freeze

The Second District Court of Appeal vacated the preliminary injunction on July 19, 2026, ending an eight-month freeze on Florida's cannabis licensing process. The injunction, originally issued in November 2025 by a Leon County circuit judge, had halted all processing of medical marijuana treatment center (MMTC) applications filed under Florida Statutes § 381.986(8)(a)(2).

The appellate order didn't address the underlying merits of the case. Instead, the court found procedural grounds to lift the preliminary relief, according to the docket entry.

Background: November 2025 Injunction

A Leon County circuit judge issued the original injunction on November 14, 2025, after existing license holders challenged the state's scoring methodology for new applicants. Three vertically integrated MMTCs operating since 2017 argued that the Florida Department of Health violated administrative rule-making procedures when it published revised application scoring criteria in September 2025.

The injunction froze 47 pending applications. Those applications represented an estimated $940 million in projected capital investment, according to filings reviewed by CannIntel. No licenses were issued between November 2025 and July 2026.

Statutory Context: 2023 Expansion

Florida's 2023 legislative session amended § 381.986 to authorize 15 additional MMTC licenses, expanding the state's vertically integrated market beyond the original 22 operators. The statute directed the Department of Health to award licenses based on a competitive-scoring framework that weighted cultivation experience, financial capacity, and geographic distribution.

The amended statute took effect July 1, 2023. But the first application window didn't open until March 2025 due to rule-making delays. The November 2025 injunction halted processing before any of the 15 new licenses were awarded.

Immediate Operational Impact

The vacated injunction allows the Florida Department of Health to resume scoring and awarding the 15 licenses authorized under the 2023 statute. Agency counsel told the court in June 2026 filings that the department was prepared to complete scoring within 60 days of the injunction being lifted, suggesting awards could be finalized by mid-September 2026.

The timeline puts Florida's licensing expansion back on track after nearly a year of litigation-driven delay, a pattern that's defined the state's cannabis program since its 2016 inception.

For the 47 applicants in the queue, the order means scoring can proceed under the September 2025 criteria—the same methodology the plaintiffs challenged. Whether those criteria survive a final ruling on the merits remains unresolved, and that uncertainty hangs over every application currently sitting in the Department of Health's intake system.

Unresolved Legal Questions

The appellate court's July 19 order lifts only the preliminary injunction; the underlying lawsuit challenging the Department of Health's rule-making authority remains pending in Leon County circuit court. The plaintiffs haven't withdrawn their complaint. No trial date has been set, according to the public docket.

If the plaintiffs prevail on the merits, licenses awarded under the current scoring framework could face post-issuance legal challenges. Florida's Administrative Procedure Act allows aggrieved parties to seek invalidation of agency actions found to exceed statutory authority, even after licenses are issued.

What Happens Next

The Florida Department of Health is expected to publish a revised timeline for license awards by August 1, 2026, according to a statement filed with the court on July 18. Applicants will receive scoring results within 60 days of that publication, with final awards contingent on background checks and bond posting.

The underlying lawsuit remains the variable nobody can model. If the circuit court ultimately rules that the September 2025 scoring criteria violated rule-making procedures, the entire application round could be voided. That would force the state to restart the process under corrected administrative rules. For full background on this litigation, see the CannIntel topic hub on the Florida cannabis injunction.