Brevard County, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Preemption
- FL §381.986
- State Buffer
- 500 ft from schools
- License
- State MMTC only
- Type
- Medical only
Summary
Brevard County permits Medical Marijuana Treatment Centers (MMTCs) in commercial zones under FL §381.986 preemption. State-set 500-foot buffer from schools applies. County cannot ban MMTCs but can zone and regulate hours.
(11)  PREEMPTION. — Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a)  A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. (b)1.  A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2.  A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality.
Full Breakdown
Florida Statute §381.986(11) preempts local government from BANNING medical marijuana dispensaries (MMTCs) but allows reasonable zoning regulation. Brevard County and its municipalities regulate MMTCs like pharmacies - they must locate in commercial/retail zoning districts. State law requires 500-foot buffer from public/private schools, churches, and daycare centers. Only state-licensed MMTCs can dispense, and dispensing is vertically integrated (grow, process, dispense all by same company). Brevard has MMTCs in Melbourne (multiple), Cocoa, Palm Bay, Viera, and Merritt Island operated by Trulieve, Curaleaf, MUV, Surterra/Parallel, and others. Recreational dispensaries do not exist in Florida. Security (surveillance, safes, armed transport) mandated by state.
Violations & Fines
Operating without state MMTC license: felony charges and closure under FL §381.986. Local zoning violations (wrong zone, hours): $1,000-$10,000 fines and closure. Security violations: state license suspension.
Frequently Asked Questions
What are typical penalties for violating dispensary zoning rules?
Sources & Official References
- [1]FL §381.986
- [2]Source
Other rules in Brevard County
Florida rules heatmap·Compare Brevard County to another location·View the Florida cannabis regulations overview
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