Zoning - Medical Marijuana

 Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility

 

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  • Where can I get a copy of the BCC adopted Medical Marijuana Dispensary Facilities Ordinance?
    Answer:

    ​See Medical Marijuana Ordinance 2017-028 or ULDC Supplement 22


  • Who determined the 500-foot separation requirement from an existing Elementary or Secondary School?
    Answer:

  • What if a Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility is located within 500 feet of an existing Elementary or Secondary School?
    Answer:
    ​Pursuant to F.S. 381.986, the Applicant may request a formal proceeding open to the public limited to a Dispensing Facility only to reduce the 500-foot separation requirement. Zoning Ordinance 2017-028 establishes the formal proceeding as a Type 2 Waiver. Currently, there is no statutory provision that allows a reduction of the 500-foot separation requirement for a Cultivating Facility and Processing Facility.


  • What is the approval process to obtain written confirmation for a Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility or Processing Facility for properties in unincorporated Palm Beach County?
    Answer:

    ​The Applicant shall submit a ZCL application and a signed and sealed letter from a surveyor that confirms the Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility is not located within 500 feet of an existing Elementary or Secondary School.


  • Is processing Medical Marijuana allowed on a AGR Preserve Parcel that has a Conservation Easement?
    Answer:

    ​Processing is preempted to the State and requires 500' separation from a school – (Classified as an Accessory Agricultural Use associated with the Bona Fide Agricultural use). HOWEVER, NO PROCESSING is allowed in an Agricultural Preserve Parcel with a Conservation Easement that prohibits processing. These sites are limited to cultivating ONLY.


  • Can Medical Marijuana be stored off-site (not on same property where cultivating and processing occurs)?
    Answer:

    ​Yes, the storage use would correspond to Warehouse and is subject to the ULDC provisions; it is not preempted in this case. If the storage is located on the same site in conjunction with the cultivating and processing operation then it's preempted to the State.


  • What is required to get a BTR sign off from the Zoning Division?
    Answer:
    ​The Applicant shall submit a signed and sealed letter from a surveyor that confirms the Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility is not located within 500 feet of an existing Elementary or Secondary School, in addition to the BTR application. Staff will also confirm any other ULDC provisions specific to the Zoning District.


  • Are there any other regulations that pertain to a Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility?
    Answer:
    ​Pursuant to F.S. 381.986, a Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility shall comply with the Florida Building Code and the Florida Fire Prevention Code as amended and all applicable ULDC Property Development Regulations and any other County Agency requirements.

  • What is the link to the State of Florida Department of Health website that responds to questions related to this use?
    Answer:

    ​click here