Zoning for MMTCs: Where Can You Open a Medical Marijuana Treatment Center Facility?
With the Florida Department of Health recently announcing plans to award 22 new Medical Marijuana Treatment Center (MMTC) licenses, the race is officially on. Prospective operators are scrambling to secure prime locations for cultivation, processing, dispensing, and storage. But before signing a lease or breaking ground, it’s critical to understand one thing: location is everything—and zoning is key.
State Law: The Non-Negotiables
Florida law sets baseline zoning requirements for all MMTCs statewide. Two key rules stand out:
Cultivation and Processing Facilities: These may not be located within 500 feet of the property line of a public or private elementary, middle, or secondary school.
Dispensing Facilities: The same 500-foot buffer applies—unless the local government approves the location through a formal public hearing and determines it promotes the public health, safety, and general welfare.
State law lays the groundwork, but it’s only the beginning.
Local Laws Matter—A Lot
If your planned facility is within city limits, city ordinances apply. If it’s in an unincorporated area, county ordinances apply.
Watch out for misleading mailing addresses. Some properties have a city mailing address but are actually governed by the county. Always confirm jurisdiction with the local zoning department.
Cities and counties cannot ban cultivation or processing outright, but they can regulate them. You’ll need to confirm:
The property is zoned for your intended use (generally, agricultural or industrial zoning)
You meet all applicable building and fire codes (don’t assume you’ll qualify for a so-called “ag exemption”—that’s not always the case)
You can obtain a Certificate of Occupancy (CO) or Certificate of Use (CU)
For dispensaries, local governments have broader authority. In some jurisdictions, they may ban dispensaries altogether or impose additional restrictions such as:
Greater distance requirements from schools, daycares, parks, churches, or other MMTCs
Limits on operating hours
Restrictions on signage, branding, or window coverings
A conditional use approval process that may involve public hearings and long lead times
Approval Is Not Automatic
To open an MMTC facility, among other things, the Florida Department of Health requires proof of local zoning approval, typically including:
A zoning confirmation letter
A Certificate of Occupancy or Certificate of Use permit, or equivalent depending on location
Without these, DOH will likely not authorize your facility to open.
Strategic Considerations Beyond the Law
Even if you can legally open at a particular location, ask yourself: should you?
Does the site have reliable access to internet, power, water, and wastewater disposal?
Are there neighbors—like churches, big box retailers, or daycares—who may object, whether or not that position is supported by the law?
For cultivation and processing, will noise or odor generate complaints or friction with nearby residents or businesses?
Avoid future headaches by choosing your location strategically.
Pro tip: Build a permit contingency into your lease giving you the right to terminate if you cannot obtain required government approvals. You don’t want to be stuck in a long-term agreement if zoning approval is denied—or if local ordinances change before you're approved to operate.
Pro tip #2: Engage an experienced, professional land surveying company to determine the distance to the nearest school. There can be small private schools tucked into a shopping center that are not obvious to an onlooker and may not show up on a Google Search.