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Boca Raton, FL Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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

Summary

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.

(a)Retail pharmacies and medical marijuana treatment center dispensing facilities shall have a minimum gross floor area of 2,500 square feet (which requirement shall be separate and distinct from any minimum floor area of building requirements set forth in the applicable zoning district)...(4)To the extent there are any uses regulated pursuant to F.S. § 381.986 that are not preempted to the state pursuant to F.S. § 381.986(11), but do not qualify as medical marijuana treatment center dispensing facilities, such uses shall be prohibited in all zoning districts.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72 Update 1).

Full Breakdown

Sec. 28-1312 governs where marijuana-related retail can operate in the city. Subsection (1)(a) sets a floor-area floor: every retail pharmacy or medical marijuana treatment center (MMTC) dispensing facility must occupy at least 2,500 square feet of gross floor area, a requirement layered on top of, not a substitute for, any minimum floor area already required by the applicable zoning district, and where a pharmacy or dispensing facility is only one component of a larger use, the entire use's floor area counts toward that 2,500-square-foot minimum.

Subsection (3) extends the city's regulatory reach to any organization, entity or individual selling marijuana-derived products, goods or services that does not qualify as, and is not licensed as, an MMTC dispensing facility under Florida Statutes Sec. 986; those operations are regulated like whatever comparable use they most resemble (retail, medical, personal services) as determined by the city manager or designee. S. Sec. 986 that is not state-preempted under Sec. 986(11) and does not qualify as an MMTC dispensing facility is prohibited outright in every zoning district in the city.

Read together, the section functions as Boca Raton's local marijuana retail gate: only licensed MMTC dispensing facilities and retail pharmacies meeting the 2,500-square-foot minimum, and the underlying zoning district's own permitted-use list, may sell marijuana products in the city, and any non-MMTC marijuana retail concept is excluded citywide rather than confined to particular districts.

Violations & Fines

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.

Frequently Asked Questions

Can a recreational marijuana retail shop open in Boca Raton?
No. Sec. 28-1312(4) prohibits, in every zoning district, any marijuana-related use that is not licensed as a medical marijuana treatment center dispensing facility under Florida Statutes Sec. 381.986, so non-medical retail is not permitted anywhere in the city.
How large must a Boca Raton dispensing facility be?
At least 2,500 square feet of gross floor area under Sec. 28-1312(1)(a), a requirement added on top of, not instead of, whatever minimum floor area the underlying zoning district already requires.
What happens to marijuana product sellers that aren't licensed dispensaries?
Sec. 28-1312(3) regulates them like whatever comparable use they resemble (retail, personal service, etc.) as the city manager determines, but Sec. 28-1312(4) still bans any that fall outside MMTC licensure and aren't state-preempted.

Sources & Official References

Other rules in Boca Raton

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