Boca Raton's Cannabis Regulations: The Rules That Matter

If you live in Boca Raton or are thinking about moving there, cannabis regulations are one of those things you probably won't think about until they affect you directly. Boca Raton has 2 specific rules on the books covering different aspects of cannabis regulations, and some of them might surprise you.

Dispensary Zoning

Boca Raton only allows marijuana-related retail as a licensed medical marijuana treatment center dispensing facility of at least 2,500 square feet; any marijuana product business that does not hold that state license is banned in every zoning district.

Key details: Minimum facility size: 2,500 square feet gross floor area. Non-MMTC marijuana retail: Prohibited in all zoning districts. Governing state license: Fla. Stat. § 381.986 MMTC licensure. Comparable-use standard: Set by city manager or designee. Adopted: Ordinance No. 5513, February 11, 2020.

A marijuana-related retail use that does not hold MMTC dispensing facility licensure under F.S. Sec. 381.986, or a pharmacy/dispensing facility under 2,500 square feet, is denied a certificate of use; an operation found running under Sec. 28-1312(4)'s all-district prohibition after opening is referred to code compliance for a cease-operation order.

This is one of the stricter rules in Boca Raton's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Buffer Zones

Boca Raton bars a new medical marijuana treatment center dispensing facility or retail pharmacy from locating within 4,000 feet of any other such facility, measured airline distance between the nearest parcel points, a citywide separation rule adopted in 2020.

Key details: Minimum separation: 4,000 feet between facilities, airline measurement. Measured from: Nearest points of the two parcels. Grandfather cutoff: Facilities lawfully established by February 11, 2020. Grandfather condition: Not abandoned for 6+ months. Adopted: Ordinance No. 5513, February 11, 2020.

A proposed retail pharmacy or medical marijuana treatment center dispensing facility that would sit within 4,000 feet of an existing one is denied a certificate of use and building permit by the city; an operator that opens within the exclusion zone without qualifying for the pre-2020 grandfather exemption in Sec. 28-1312(2) is subject to code enforcement action to cease the noncompliant use.

Compared to other cities, Boca Raton takes a harder line on buffer zones. The enforcement and penalty structure reflects that.

The Bottom Line

Boca Raton is tougher than many cities when it comes to cannabis regulations. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Boca Raton, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Boca Raton can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.