Jupiter, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Dispensaries
- Banned townwide
- School buffer
- 500 feet from any school
- Adopting ordinance
- Ord. No. 4-18, § 3 (2018)
- State authority relied on
- Fla. Stat. § 381.986(11)
- Cultivation/processing/delivery
- Preempted to the state
Summary
Jupiter Town Code § 27-477 bans medical marijuana treatment center dispensaries anywhere within town limits, using authority Florida reserved to municipalities under Fla. Stat. § 381.986(11). A separate 500-foot buffer from any elementary, middle, or secondary school applies to MMTC facilities regardless of the ban.
Marijuana shall mean all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis as defined in F.S. § 381.986(1)(f), which are dispensed from a medical marijuana treatment center for medical use by a qualified patient pursuant to F.S. § 381.986. ... Pursuant to F.S. ... 381.986(11), the state of Florida has pre-empted the regulation of the cultivation, processing, and delivery of marijuana by MMTC, except as provided therein.(1)A MMTC may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school.(2)In accordance with the authority set forth in F.S. 381.986(11), the council hereby bans MMTC dispensaries from locating within the Town of Jupiter.
Full Breakdown
986(11) leaves municipalities the authority to ban or restrict where MMTC dispensing facilities may locate. Jupiter's town council exercised that authority in Ordinance No. S. ' The same section separately requires that no MMTC sit within 500 feet of the real property of a public or private elementary, middle, or secondary school, a standard that would still govern if the town's ban were ever narrowed or repealed. An editor's note in the code explains the provision was originally drafted as § 27-377 but was renumbered § 27-477 for classification purposes; the substance is unchanged.
986, underscoring that the entire regulatory scheme, and the town's ban, runs through the state medical marijuana statute rather than a separate town licensing system. Because the ban covers dispensing locations rather than patient use, a Jupiter resident who is a qualified patient can still obtain product from an MMTC located in a neighboring jurisdiction or through state-authorized delivery; only the retail storefront is barred inside town limits.
Violations & Fines
Locating or operating an MMTC dispensary within Jupiter violates § 27-477 outright, and because the prohibition is a zoning use restriction, the town can deny site plan approval or a business tax receipt for the use and pursue code enforcement under § 1-14, which allows a civil citation, recovery of prosecution costs, and a lien against the property for continuing noncompliance.
Frequently Asked Questions
Can a medical marijuana dispensary open in Jupiter?
Why can Jupiter ban a business that is legal under Florida law?
Does the 500-foot school buffer still matter if dispensaries are already banned?
Sources & Official References
Other rules in Jupiter
Florida rules heatmap·Compare Jupiter to another location·View the Florida cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Palm Beach County handle dispensary zoning.