Florida has only medical marijuana — no adult-use recreational sales and no home cultivation (Amendment 3 failed at the 60% threshold in November 2024). Under Florida Statutes 381.986(11), cities and counties have a binary choice: either ban Medical Marijuana Treatment Center (MMTC) dispensing facilities outright, OR allow them under zoning rules NO MORE RESTRICTIVE than the rules for pharmacies licensed under Chapter 465. Hernando County has NOT enacted an outright ban — multiple licensed MMTC dispensaries operate in the county, including Trulieve Spring Hill at 404 Suzanne Drive, Spring Hill, FL 34607 (Mon-Sat 9am-8:45pm, Sun 10am-8pm; (352) 724-3435) and additional Trulieve locations in Brooksville. Permit/license fees may not exceed pharmacy fees. State buffer: MMTCs may not be located within 500 feet of a public or private elementary, middle, or secondary school.
Florida cannabis is medical-only — adult-use recreational marijuana failed at the November 2024 ballot (Amendment 3 received approximately 56% but missed the 60% supermajority threshold). The state's medical program is governed by Article X, Section 29 of the Florida Constitution (Amendment 2, 2016) and Florida Statutes 381.986, administered by the Florida Department of Health (FDOH) Office of Medical Marijuana Use. FDOH licenses Medical Marijuana Treatment Centers (MMTCs) as vertically integrated operators that cultivate, process, and dispense — no separate retail-only licenses exist. Home cultivation is prohibited; patients (or their state-registered caregivers) may only obtain product from licensed MMTC dispensing facilities. The local zoning framework is set by FS 381.986(11): (a) any county or municipality may, by ordinance, ban MMTC dispensing facilities from being located within the boundaries of that jurisdiction; OR (b) if it does not ban them outright, the jurisdiction may not enact ordinances for permitting or determining the location of dispensing facilities more restrictive than its ordinances permitting or determining the location of pharmacies licensed under Chapter 465. The jurisdiction may not charge a license or permit fee greater than the fee charged to pharmacies. The state buffer at FS 381.986(8)(b)4. prohibits an MMTC cultivating or processing facility within 500 feet of the real property comprising a public or private elementary, middle, or secondary school. Hernando County has not adopted an outright ban under FS 381.986(11)(a), so MMTC dispensing facilities are permitted on the pharmacy-equivalent zoning standard in the Hernando County Code. The county's most prominent operating MMTC dispensary is Trulieve Spring Hill, located at 404 Suzanne Drive, Spring Hill, FL 34607 (phone (352) 724-3435; Mon-Sat 9:00 am-8:45 pm, Sun 10:00 am-8:00 pm). Trulieve operates additional Hernando County locations in Brooksville (including Trulieve Brooksville and Trulieve Brooksville Broad). The Spring Hill location serves patients from Brooksville, Weeki Wachee, Hudson, and surrounding Hernando County communities, with same-day pickup and delivery options. Cultivation, processing, and testing facilities under MMTC vertical integration are state-regulated separately and would generally require industrial/agricultural zoning subject to the 500-foot school buffer.
Operating a marijuana dispensary without an MMTC license issued by the Florida Department of Health Office of Medical Marijuana Use is a state criminal violation under FS 893 (Florida Comprehensive Drug Abuse Prevention and Control Act) — sale of marijuana is a felony with severity depending on quantity. Operating in a Hernando County zoning district where pharmacies are not permitted, or within the 500-foot school setback, violates the Hernando County Code and FS 381.986(8) — enforceable through Stop Work, Code Enforcement, Special Magistrate fines up to $500/day under FS 162.09, and license referral to FDOH. Home cultivation of marijuana — for medical use or otherwise — remains a state felony under FS 893.13 (no Florida home grow allowed). Recreational adult-use sales remain illegal pending future legislation or constitutional amendment.
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