Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Martin County

Martin County, FL Cannabis Regulations: Dispensary Zoning (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section: LDR Sec. 3.77.1.2.a-b
Where allowed: Any zoning district that permits pharmacies
Examples: HB-1, B-1 and B-2 commercial districts
School buffer: 500 feet, measured by licensed survey
State licensing basis: MMTC license under F.S. § 381.986
Opt-out status: County has not opted out; MMTCs permitted

Summary

Martin County allows medical marijuana treatment center (MMTC) dispensing facilities as a permitted use in any zoning district that also permits pharmacies, including the HB-1 Limited Business District. Land Development Regulations Sec. 3.77.1.2 requires each dispensing facility to sit at least 500 feet from any public or private school, measured by licensed survey. The county has not opted out of allowing MMTCs.

These county ordinances apply to unincorporated areas of Martin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Medical marijuana treatment center (MMTC) dispensing facility: a. A medical marijuana dispensing facility shall be allowed in any zoning district that permits pharmacies. b. A medical marijuana dispensing facility shall be located no closer than 500 feet from any public or private school. The distance between school property and licensed premises shall be measured on a straight line connecting the nearest point of the school property to the nearest point of the building of the licensed premises, as documented by a survey prepared by a licensed surveyor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 62 | Land Development Regulations: Supplement 62).

Full Breakdown

Martin County's Land Development Regulations treat a medical marijuana treatment center (MMTC) dispensing facility as a form of limited retail sales and service, governed by LDR Sec. 2. Under subsection a, a dispensing facility "shall be allowed in any zoning district that permits pharmacies," which reaches the county's commercial districts, including the HB-1 Limited Business District, where Sec. 20 lists "Pharmacies and medical marijuana dispensing facilities" together as a permitted use, and by cross-reference the B-1 Business District and B-2 Business-Wholesale Business District, which each permit any use allowed in HB-1.

" Martin County has not enacted a ban or moratorium on MMTC dispensing facilities in its Land Development Regulations; instead it folded the use directly into its retail-sales framework alongside pharmacies, subject only to the 500-foot school separation. A prospective operator applies for the same commercial site plan and zoning compliance review as any other HB-1, B-1 or B-2 retail use, with the school-distance survey submitted as part of that application.

Violations & Fines

Opening or operating a dispensing facility inside the 500-foot school buffer, or in a zoning district that does not permit pharmacies, violates LDR Sec. 3.77.1.2 and is enforced as a zoning code violation by Martin County Growth Management. The county's standard process applies: a notice of violation, an opportunity to cure, and referral to the Code Enforcement Board or a special magistrate for cases that go unresolved, with fines that can accrue daily until the property is brought into compliance or the facility relocates.

Frequently Asked Questions

Can a marijuana dispensary open anywhere in Martin County?

No. Under LDR Sec. 3.77.1.2.a, a medical marijuana treatment center dispensing facility is only allowed in a zoning district that also permits pharmacies, such as the HB-1 Limited Business, B-1 Business and B-2 Business-Wholesale Business Districts. It cannot locate in districts that do not list pharmacies as a use, including most residential and agricultural zoning categories.

How close can a dispensary be to a school?

At least 500 feet. LDR Sec. 3.77.1.2.b requires the distance to be measured on a straight line from the nearest point of the school property to the nearest point of the dispensing facility's building, documented by a survey from a licensed surveyor and submitted with the zoning application.

Does Martin County allow recreational marijuana sales?

The Land Development Regulations only address medical marijuana treatment center dispensing facilities licensed under F.S. § 381.986. The county's code contains no separate provision for recreational marijuana retail, so recreational sales fall outside what LDR Sec. 3.77.1.2 authorizes.

Has Martin County opted out of allowing dispensaries?

No. Rather than banning MMTC dispensing facilities, Martin County's LDR Sec. 3.77.1.2 affirmatively lists them as an allowed use wherever pharmacies are permitted, subject only to the 500-foot school setback, meaning the county chose to regulate location rather than exclude the use entirely.

Sources & Official References

[1]Martin County Land Development Regulations - Municode Library

Other rules in Martin County

Fire Regulations: Fire Pits & Backyard FiresSignificant Restrictions Buffer ZonesSome Restrictions Noise Ordinances: Aircraft NoiseLight Restrictions Parking Rules: Loading ZonesSome Restrictions Fence Regulations: Material RestrictionsSome Restrictions Animal Ordinances: BeekeepingLight Restrictions Landscaping Rules: Tree Removal & Heritage TreesSome Restrictions

All Martin County rules

Florida rules heatmap·Compare Martin County to another location·View the Florida cannabis regulations overview

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.