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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