The City of Boynton Beach, Florida wanted to be ready for the implementation of Amendment 2 (medical marijuana) so they set up their own limits on dispensaries that included the following:
- One dispensary per 67,000 residents;
- Location was limited to one part of town the community commercial district;
- No drive-throughs;
- Limited hours.
Boynton has now learned that the new state law overrides their attempt at local control. While cities can impose a short moratorium and control minor details regarding dispensaries they cannot impose the location restrictions presently on their books if they permit dispensaries. Rather medical marijuana dispensaries must be treated as a municipality treats a pharmacy for zoning purposes. Alternatively, under the state law cities can impose outright bans on medical marijuana dispensaries.
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Dori K. Stibolt is a West Palm Beach, Florida based partner with the law firm of Fox Rothschild LLP. She focuses her practice on litigation and labor and employment issues. You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.