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Winter Haven, FL Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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 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?
Only with special use approval. Sec. 21-97(e)(1) permits dispensing facilities by right in C-3 and C-4, but in C-1 and C-2 the use must go through the special use review process in ULDC Sections 21-411 through 21-418 before the planning commission, not an administrative permit.
Is Winter Haven a marijuana-dispensary opt-out city?
No. Sec. 21-97 affirmatively zones for pharmacies and medical marijuana dispensing facilities in the C-3, C-4, C-1, C-2 and MX districts under stated conditions rather than prohibiting the use citywide, so Winter Haven has not opted out of allowing dispensaries.
Can a dispensary operate inside a Winter Haven shopping mall's medical clinic?
Only if the clinic is in the MX Mixed Use district and the dispensary is reviewed and approved as an accessory special use to that medical clinic under Sec. 21-97(e)(1)c; a freestanding, non-accessory dispensary is not a permitted use in the MX district.

Sources & Official References

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