Commissioner Nikki Fried Calls for Investigation into State Discrimination Against Black Farmers Seeking Medical Marijuana Licenses

Tallahassee, Fla. — Today, Florida Agriculture Commissioner Nikki Fried is calling for a state investigation into a new rule issued by the Florida Department of Health (FDOH) that creates new financial and regulatory burdens that only apply to the Black farmers for potential discriminatory intent.

The emergency rule establishes the medical marijuana treatment center application process for Black farmers applying for licensure who are recognized class members of Pigford v. Glickman or In Re Black Farmers Litig. The new rule more than doubles the application fee and adds more extensive licensure requirements when compared to the application process for non-Pigford Class applicants.

In a letter to Florida Attorney General Ashley Moody, Florida’s Chief Inspector General Melinda Miguel, and the chairs of the state’s Joint Administrative Procedures Committee, Commissioner Fried wrote, “These Black farmers were involved in the Pigford lawsuit after suffering discriminatory practices by the federal government and now FDOH is incomprehensibly subjecting them to the emergency rule’s new financial and regulatory burdens that only apply to the Black farmers. I am deeply concerned that the rule was created with discriminatory intent. However, regardless of the intent, it will most certainly have a discriminatory effect.”

“While I urge FDOH to immediately revise this discriminatory rule and ensure equity for all license applicants, I also request that your offices immediately begin an investigation to determine if the rule was created with discriminatory intent. Florida’s Black farmers deserve and demand answers, accountability, and equal access to the state’s medical marijuana industry,” she concluded.

Full text of the letter can be found here and below.

October 20, 2021

Attorney General Moody, Chief Inspector General Miguel, Senator Albritton, and Representative Roth:

I am writing to express my concern about recent rulemaking by the Florida Department of Health (FDOH) related to Black farmers applying for medical marijuana licenses and to request that your offices immediately investigate this matter.

The emergency rule recently released by FDOH establishes the medical marijuana treatment center application process for Black farmers applying for licensure who are recognized class members of Pigford v. Glickman or In Re Black Farmers Litig. The new rule more than doubles the application fee and adds more extensive licensure requirements when compared to the application process for non-Pigford Class applicants. These Black farmers were involved in the Pigford lawsuit after suffering discriminatory practices by the federal government and now FDOH is incomprehensibly subjecting them to the emergency rule’s new financial and regulatory burdens that only apply to the Black farmers. I am deeply concerned that the rule was created with discriminatory intent. However, regardless of the intent, it will most certainly have a discriminatory effect.

Black farmers have been waiting for an application process from FDOH since the Florida Legislature added this license class to Florida’s medical marijuana law in 2017, and in that time, there have been significant developments in the medical marijuana industry in our state. Because Black farmers have lost out on this time spent waiting for their chance to apply, they now face significant barriers to entry in the now-established Florida medical marijuana market. The fact that Black farmers in Florida had to wait years for FDOH to release a rule that more than doubles their application fees is, not only an affront to the legislature’s directive, but is beyond unacceptable. 

Furthermore, FDOH has not increased the fees or revised the application requirements for other classes of applicants nor indicated an intent to do so. As a result, this new rule puts a significant and unequal burden on Pigford Class applicants seeking a medical marijuana license. Black farmers should have equal access to these licenses as the other twenty-two license holders that Florida has previously approved.

While I urge FDOH to immediately revise this discriminatory rule and ensure equity for all license applicants, I also request that your offices immediately begin an investigation to determine if the rule was created with discriminatory intent. Florida’s Black farmers deserve and demand answers, accountability, and equal access to the state’s medical marijuana industry.

Sincerely,

Nicole Fried
Commissioner of Agriculture

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