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.
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.
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.
Brevard County, FL
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See how Brevard County's dispensary zoning rules stack up against other locations.
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