The City of Cape Coral has no plans to ban medical marijuana dispensaries and will follow the guidance issued by the State of Florida. The State determined that dispensaries will follow the land use and zoning regulations for pharmacies.
In 2016, voters approved Amendment 2, which legalized medical marijuana in the State of Florida. Subsequently, Senate Bill 8-A was passed during the 2017 Special Session of the Legislature. The key provisions of the Bill included:
- Regulation of cultivation, processing, and delivery of medical marijuana is preempted by the state;
- Dispensaries may not locate within 500 feet of a public or private elementary, middle, or secondary school;
- If a municipality does not ban dispensaries, no limits may be placed on the number of dispensaries that may locate in that community; and
- If dispensaries are allowed, regulations may not be more restrictive than pharmacies.