Updated July 1st, 2025

A detailed 3D topographic rendering of the state of Florida viewed at an angle, with green lowlands transitioning to yellow and beige at higher elevations. Contour lines trace the coastline into a light-blue ocean backdrop. In the lower left foreground, large white 3D letters read “Florida Cannabis Tax Guide.”Key Points

  • Medical‑only program: Florida licenses only medical cannabis; adult‑use remains prohibited.

  • Tax‑exempt medical sales: Medical cannabis and qualifying devices are exempt from state (6%) and local (up to 1.5%) sales/use taxes.

  • No cannabis excise tax: There is no excise on adult‑use cannabis (no adult‑use market).

  • A 15% excise on hemp‑derived THC consumables (delta‑8, etc.) was most recently proposed under HB 7029 but did not pass in June 2025.

  • 280E conformity: Florida conforms to federal IRC §280E — cannabis businesses cannot deduct ordinary business expenses on state or federal returns.

1. Program Overview

Florida’s Office of Medical Marijuana Use (OMMU), under DBPR, regulates the medical‑only cannabis program. No adult‑use sales or excise framework exists.

Tax Type Rate/Status Applies To
State Sales Tax Exempt Medical cannabis & delivery devices
Local Sales Surtaxes Exempt Medical cannabis & delivery devices
Adult‑Use Excise Tax N/A No adult‑use market
Hemp‑THC Excise (HB 7029) 15% proposed* Hemp‑derived consumable THC products
Corporate Income Tax Standard FL Corp. Tax Rules All businesses (§280E applies)

*Monitor HB 7029’s progress; the 15% excise only takes effect upon enactment.

3. IRC §280E Conformity

Florida does not decouple from IRC §280E. Cannabis businesses must follow federal rules disallowing deductions for ordinary and necessary business expenses.

4. Filing & Reporting

  1. Sales & Use Tax (Form DR‑15)

    • Report any taxable sales on the standard Sales and Use Tax Return.

    • Medical cannabis and devices: no reporting required (exempt).

    • Filing: Monthly, or Quarterly if average monthly liability < $1,000.

  2. Corporate Income Tax (Form F‑1120)

    • Annual filing by May 1 (calendar‑year filers).

    • Estimated payments due April 1, June 1, Sept 1, Dec 1.

  3. 1099 Information Returns

    • For independent contractors/vendors: file by Jan 31 each year.

  4. Recordkeeping

    • Maintain separate, auditable records for medical sales, patient credentials, batches, and inventory.

    • Retain for at least 5 years; subject to OMMU audit.

5. Financial Calendar

Tax Type Filing Frequency Due Date
Sales & Use Tax (DR‑15) Monthly or Quarterly 20th of the following month
Hemp‑THC Excise (if enacted) Monthly 20th of the following month
Corporate Income Tax (F‑1120) Annual May 1
Estimated Corp. Income Tax Quarterly Apr 1, Jun 1, Sep 1, Dec 1
1099 Information Returns Annual Jan 31

6. Penalties & Compliance Risks

  • Late or incomplete filings incur penalties & interest on taxable returns.

  • OMMU enforcement: poor recordkeeping can lead to license suspension or revocation.

  • IRS audits: failure to comply with §280E may trigger disallowed deductions and additional tax assessments.

7. Key Trade Associations

8. Key Contacts & Resources

Office of Medical Marijuana Use (OMMU), DBPR

  • Phone: 850-245-4657

  • General Questions and Inquiries: MedicalMarijuanaUse@flhealth.gov
  • Public Record Requests: PublicRecordsRequest@flhealth.gov
  • OMMU Rules: OMMURules@flhealth.gov
  • MMTC Complaints: OMMUComplaints@FLHealth.gov
  • Media Requests: NewsMedia@flhealth.gov

Florida Department of Revenue (DOR)

  • Taxpayer Assistance: 850-488-6800
  • Taxpayer Services: taxpayerservices-contact@floridarevenue.com

Disclaimer: This guide is informational only. Always consult a qualified tax professional or attorney before making business or compliance decisions.