Zoning - Medical Marijuana

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

 

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  • Question Mark IconAre there any Zoning Regulations for the growing or dispensing of medical marijuana?
    Answer:

    Yes. See Article 4.B.2.35., Retail Sales, in the Unified Land Development Code for more details.


  • Question Mark IconAre there any separation requirements for Dispensing Facility for a medical marijuana treatment center?
    Answer:

    Pursuant to Florida Statute FS 381.986, 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.


  • Question Mark IconWhat 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.


  • Question Mark IconQ How do I receive a Zoning Confirmation to locate a Medical Marijuana Treatment Center dispensing, cultivating or processing facility?
    Answer:

    If the property is located in Unincorporated Palm Beach County submit to the Zoning Division;  Form#50, along with a letter stating your request (be specific) for a Zoning Confirmation Letter to locate a Medical Marijuana Treatment Center dispensing, cultivating and processing facility, and also submit a signed and sealed letter from a Certified Surveyor that confirms that the Facility is not located within 500 feet of an existing Elementary or Secondary School, in accordance with F.S. 381.986.


  • Question Mark IconIs the growing of Medical Marijuana allowed on a AGR Preserve Parcel that has a Conservation Easement?
    Answer:

    It depends on the Preserve Conservation Easement language, if any restrictions to "uses." 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.


  • Question Mark IconCan 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.


  • Question Mark IconDo I need a Business Tax Receipt (BTR) for growing or dispensing facility, and what documents are required?
    Answer:
    Yes, a Business Tax Receipt is required through the Tax Collector's Office. Zoning sign-off is required on the BTR form, submit to Zoning Division; the completed BTR form, along with the signed and sealed letter from a Surveyor that confirms the Medical Marijuana Treatment Center Dispensing Facility, or Cultivating Facility and Processing Facility is not located within 500 feet of an existing Elementary or Secondary School. Staff will also confirm any other ULDC provisions specific to the Zoning District, sign-off on the BTR then the applicant shall submit the signed BTR form to the Tax Collector's Office for issuance.

  • Question Mark IconAre there any other regulations that pertain to a Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility?
    Answer:
    ​Refer to Florida Statute 381.986 for all state requirements. A State approval is required for all Medical Marijuana Treatment Center Dispensing Facility, Cultivating Facility and Processing Facility, and shall also comply with the Florida Building Code, the Florida Fire Prevention Code, the ULDC Property Development Regulations and any other County Agency requirements, as amended.