Pinellas Medical Marijuana Rules Pre-Empted By State

ST. PETERSBURG, FL – The Pinellas County Board of County Commissioners announced today it cannot pursue previously discussed limitations on retail medical marijuana dispensaries.

The announcement came after the board considered various pre-emptions set by state legislation which preclude local governments from regulating the number of medical marijuana facilities within unincorporated Pinellas County.

State legislation also prevents local governments from passing zoning regulations for medical marijuana retail dispensaries that are more restrictive than regulations placed on traditional pharmacies. Pinellas County currently treats pharmacies as retail entities without many restrictions, which would mean medical marijuana retail dispensaries must be treated in a similar fashion.

Because of legislation passed during the special session, local governments can choose to either ban retail dispensing facilities outright or treat them as pharmacies.

“To reflect the will of Pinellas voters and ensure citizens have access to approved medical treatment, the Commission decided to allow retail dispensaries to operate throughout the unincorporated areas of the county, in accordance with state law,” according to Pinellas County’s press release.

The new legislation will take effect when Gov. Rick Scott signs the bill before the Tuesday, July 4 deadline.

The Pinellas County commission had been considering certain limits on the location and number of facilities in the unincorporated areas of the county before the state acted on this issue.

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