Florida Statute 381.986(11) preempts local zoning of Medical Marijuana Treatment Centers (MMTCs) to the same treatment as a pharmacy. Lynn Haven cannot ban MMTCs in commercial areas, but may regulate location only as it would a regular pharmacy.
F.S. 381.986(11)(b) provides that a county or municipality 'may not enact ordinances relating to medical marijuana treatment center dispensing facilities other than those permitted under this paragraph. A county or municipality may ban all medical marijuana treatment center dispensing facilities, OR may not place specific limits on the number of dispensing facilities; provided, however, no dispensing facility may be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school.' Lynn Haven has not enacted a ban. MMTC operators can locate in any commercial FLU category where a pharmacy is permitted, subject to the 500-ft school setback.
Operating without DOH MMTC authorization - state DOH enforcement under F.S. 381.986. School setback violation - local zoning enforcement and state license action.
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See how Lynn Haven's dispensary zoning rules stack up against other locations.
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