Florida Statewide Rule
Florida Medical Marijuana Dispensary Zoning Preemption
Key Facts
- Statute
- Fla. Stat. 381.986(11)
- Local Options
- Ban or pharmacy parity
- Comparison Class
- Chapter 465 pharmacies
- Preemption
- Express
Summary
Florida preempts local regulation of medical marijuana dispensaries: cities must either treat them like pharmacies or ban them outright.
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.
Full Breakdown
Fla. Stat. 381.986(11) governs Medical Marijuana Treatment Center (MMTC) dispensing facilities. A municipality or county may not enact ordinances regulating the cultivation, processing, or dispensing of medical marijuana. Local jurisdictions have only two options: ban dispensaries entirely from their boundaries, or allow them subject to no greater restrictions than those imposed on pharmacies licensed under Chapter 465. Distance, hours, and zoning rules cannot be more restrictive than those applied to pharmacies.
Violations & Penalties
Local ordinances exceeding statutory authority are subject to preemption challenges. MMTCs operating without state licensure face enforcement by the Office of Medical Marijuana Use, including license revocation.
Frequently Asked Questions
Can a Florida city limit how many dispensaries open?
Are recreational dispensaries allowed in Florida?
Sources
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