Clearwater, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- State preemption
- FS 381.986(11)
- Treated like
- Pharmacies
- School setback
- 500 feet
- Recreational
- Prohibited
Summary
Clearwater allows licensed Medical Marijuana Treatment Centers in any zoning district that permits pharmacies, as required by Florida Statute 381.986(11), and bans recreational dispensaries.
(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. A county 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, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986 (8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection.
Full Breakdown
Florida Statute 381.986(11) preempts local zoning of Medical Marijuana Treatment Center (MMTC) dispensing facilities. Clearwater cannot regulate dispensary locations more strictly than pharmacies licensed under Chapter 465, and cannot charge a higher permit fee. MMTCs may locate in any zoning district where pharmacies are allowed, subject to a statewide 500-foot setback from public or private elementary, middle, and high schools unless the city council approves a closer site at a public hearing. Recreational cannabis sales remain prohibited because no state license category exists. Clearwater requires a standard Business Tax Receipt and Certificate of Occupancy for any MMTC, and signage must comply with the Community Development Code.
Violations & Fines
Code enforcement citations for operating without a Business Tax Receipt, state license suspension by the Department of Health, and zoning fines up to $250 per day.
Frequently Asked Questions
Can medical marijuana dispensaries open in Clearwater?
Are recreational cannabis stores allowed in Clearwater?
Sources & Official References
Other rules in Clearwater
Florida rules heatmap·Compare Clearwater to another location·View the Florida cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Pinellas County handle dispensary zoning.