Winter Haven, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Citation
- ULDC Sec. 21-97(e)(1)
- By-right districts
- C-3 and C-4 only
- Special use review
- C-1 and C-2 districts
- MX district
- Accessory special use in medical clinics only
- Approval expires
- 180 days unbuilt or abandoned
Summary
Medical marijuana dispensing facilities are permitted outright only in Winter Haven's C-3 and C-4 commercial districts; Unified Land Development Code Sec. 21-97(e)(1) requires planning commission special use review in C-1 and C-2, and accessory special use review inside MX-zoned medical clinics only.
(e)Standards for all zoning districts. All pharmacies and medical marijuana dispensing facilities shall obtain approval from the City in accordance with the following requirements and procedures:(1)Location and approval.a.Pharmacies and medical marijuana dispensing facilities shall be permitted within the C-3 and C-4 zoning districts.b.Pharmacies and medical marijuana dispensing facilities shall be reviewed as a special use within the C-1 and C-2 zoning districts, in accordance with the provisions of sections 21-411 through 21-418 of the ULDC.c.Pharmacies and medical marijuana dispensing facilities shall be reviewed as accessory special use within medical clinics located within the MX zoning district, in accordance with the provisions of sections 21-411 through 21-418 of the ULDC.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108).
Full Breakdown
Sec. 21-97(e) sets the zoning-district standards for pharmacies and medical marijuana dispensing facilities citywide, and subsection (e)(1) is the location-and-approval rule. Pharmacies and medical marijuana dispensing facilities are permitted by right within the C-3 and C-4 zoning districts, Winter Haven's more intensive commercial classifications. Inside the C-1 and C-2 zoning districts, the same uses require review as a special use, following the procedures in ULDC Sections 21-411 through 21-418, meaning a hearing before the planning commission rather than an over-the-counter permit. Inside the MX, Mixed Use, zoning district, a dispensing facility can only operate as an accessory special use within a medical clinic, again processed under Sections 21-411 through 21-418, so a freestanding dispensary is not an option in MX at all.
Once located, subsection (e)(1) also imposes a parking standard, a minimum of three off-street parking spaces per 1,000 square feet of gross floor area, on-site or within 300 feet of ordinary pedestrian travel, and requires drive-through lanes and speaker boxes to be sited to minimize off-site impacts on adjacent residential uses. A special use approval for a dispensing facility expires under subsection (f) if construction is not obtained within 180 consecutive days of the approval order, or if the use is abandoned for 180 consecutive days.
Sec. 21-97 was adopted by Ord. No. O-18-01, Sec. 2, effective January 22, 2018, and last amended by Ord. No. O-24-13, Sec. 1, on March 25, 2024.
Violations & Fines
A dispensing facility opened in C-1, C-2 or MX without the required special use approval, or operating outside the C-3/C-4 by-right districts altogether, is unlawful under Sec. 21-97(e) and subject to Winter Haven code enforcement action; a facility whose special use approval has lapsed under the 180-day construction or abandonment clock in subsection (f) loses its authorization to operate.
Frequently Asked Questions
Can a medical marijuana dispensary open in Winter Haven's C-1 zoning district?
Is Winter Haven a marijuana-dispensary opt-out city?
Can a dispensary operate inside a Winter Haven shopping mall's medical clinic?
Sources & Official References
Other rules in Winter Haven
Florida rules heatmap·Compare Winter Haven to another location·View the Florida cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Polk County handle dispensary zoning.