Medical Marijuana Treatment Centers (dispensaries) are regulated by FL Β§381.986. Local governments may ban dispensaries entirely or treat them like pharmacies but cannot impose other zoning restrictions per state preemption.
FL Β§381.986(11) preempts local zoning of Medical Marijuana Treatment Centers (MMTCs). Cities/counties have only two options: (1) ban dispensaries outright within their jurisdiction, or (2) allow them subject to the same zoning rules as pharmacies. No other restrictions (distance from schools, special permits) are permitted beyond what applies to pharmacies. Palm Beach County permits MMTCs in unincorporated areas. Several municipalities (Boca Raton, Delray Beach) have banned dispensaries entirely. Recreational dispensaries do not exist after Amendment 3 failure in 2024.
Operating without state MMTC license: felony under FL Β§893.13. Local zoning violations: enforced as standard pharmacy zoning.
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See how Palm Beach County's dispensary zoning rules stack up against other locations.
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