Pinellas County, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- School setback
- 500 feet
- Treatment
- Same as pharmacies
- Local ban option
- Not adopted
- State authority
- Fla. Stat. 381.986
- Cultivation
- MMTC license only
Summary
Pinellas County treats medical marijuana dispensing facilities as pharmacies under Florida Statute 381.986, applying the state 500-foot school setback while otherwise allowing them in any zoning district that permits a licensed pharmacy.
(11)  PREEMPTION. — Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a)  A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. (b)1.  A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2.  A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986 (8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection. (c)  A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community. (d)  This subsection does not prohibit any local jurisdiction from ensuring medical marijuana treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code.
Full Breakdown
Under Florida Statute 381.986(11), counties and municipalities must either ban dispensing facilities outright or allow them on the same zoning terms as pharmacies licensed under Chapter 465; more restrictive zoning rules are preempted. Pinellas County has not adopted a ban, so MMTC dispensing facilities may operate in any zone where a pharmacy may operate, subject to the statute's 500-foot setback from the real property of any public or private elementary, middle, or secondary school. Cultivation and processing facilities face the same 500-foot school setback. Local site-plan, parking, and signage rules apply equally to dispensaries and pharmacies.
Violations & Fines
Operating without an MMTC license, or violating the 500-foot school setback, can result in state license action under Florida Statute 381.986 and county code enforcement on zoning, signage, or building issues.
Frequently Asked Questions
Where can a medical marijuana dispensary open in Pinellas County?
Can Pinellas County limit the number of dispensaries?
Sources & Official References
Other rules in Pinellas County
Florida rules heatmap·Compare Pinellas County to another location·View the Florida cannabis regulations overview
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