Winter Haven's Cannabis Regulations: The Rules That Matter

Every city handles cannabis regulations a little differently. In Winter Haven, Florida, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Buffer Zones

Winter Haven bars medical marijuana dispensing facilities from locating within 500 feet of any public or private elementary, middle or secondary school under Unified Land Development Code Sec. 21-97(d), measured strictly property line to property line.

Key details: Citation: ULDC Sec. 21-97(d). Buffer: 500 feet from school property. Measured: Property line to property line. Covers: Elementary, middle, secondary schools. Adopted: Ord. No. O-18-01, § 2, 1-22-18.

A medical marijuana dispensing facility sited within 500 feet of a qualifying school's property line is not eligible for City approval under Sec. 21-97(d), and Winter Haven's growth management department can deny or revoke a special use approval, or refer an unpermitted facility to code enforcement, for failing the separation requirement.

Dispensary Zoning

Medical marijuana dispensing facilities are permitted outright only in Winter Haven's C-3 and C-4 commercial districts; Unified Land Development Code Sec. 21-97(e)(1) requires planning commission special use review in C-1 and C-2, and accessory special use review inside MX-zoned medical clinics only.

Key details: Citation: ULDC Sec. 21-97(e)(1). By-right districts: C-3 and C-4 only. Special use review: C-1 and C-2 districts. MX district: Accessory special use in medical clinics only. Approval expires: 180 days unbuilt or abandoned.

A dispensing facility opened in C-1, C-2 or MX without the required special use approval, or operating outside the C-3/C-4 by-right districts altogether, is unlawful under Sec. 21-97(e) and subject to Winter Haven code enforcement action; a facility whose special use approval has lapsed under the 180-day construction or abandonment clock in subsection (f) loses its authorization to operate.

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

The Bottom Line

Winter Haven's cannabis regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Winter Haven is broadly strict or permissive.

Keep in mind that Winter Haven 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.