Where Dispensaries Are (and Aren’t) Allowed in Fort Myers
Zoning laws for medical marijuana dispensaries in the Fort Myers area can be confusing, largely because rules change based on jurisdiction. A location inside the City of Fort Myers may be treated very differently from a site just outside city limits in unincorporated Lee County, even though both are commonly referred to as “Fort Myers.”
Understanding which government controls the property is the first and most important step when evaluating dispensary zoning.
State law sets the baseline
Florida law governs medical marijuana statewide and limits how much local governments can regulate dispensaries. Cities and counties may not impose zoning rules that are more restrictive than those applied to pharmacies, unless they choose to ban dispensaries outright.
State law also establishes a 500-foot buffer from K–12 schools. A dispensary generally cannot be located within 500 feet of a school’s real property unless the local government approves the location through a public hearing and determines it serves public health, safety, and welfare. Local governments may enforce building, fire, and safety codes, but they cannot arbitrarily restrict dispensaries beyond what state law allows.
Inside the City of Fort Myers
Fort Myers historically exercised its right under state law to prohibit medical marijuana dispensing facilities within city limits. In 2018, the city adopted an ordinance stating that Medical Marijuana Treatment Center (MMTC) dispensing facilities were not permitted uses and that the city would not accept or approve permits for them.
That ordinance included a sunset clause, meaning it would automatically expire unless extended or replaced by the City Council. Because of this, the current status of dispensaries inside city limits depends on later legislative action. Anyone researching a potential location should verify whether the city’s prohibition remains active or whether zoning regulations have since changed.
The key takeaway: being inside Fort Myers city limits may still mean dispensaries are not allowed, regardless of zoning district, unless the city has formally lifted or modified its ban.
Outside city limits: Lee County jurisdiction
Many dispensaries serving the Fort Myers region are located in unincorporated Lee County, where different zoning rules apply. In these areas, the county—not the city—controls land use decisions.
Lee County allows property owners and businesses to request zoning verification letters, which confirm how a parcel is zoned and what uses may be permitted. This is a common due-diligence step for dispensary operators and landlords before pursuing leases or state licensing.
If dispensaries are allowed in a given zoning district, applicants must still comply with standard retail and safety requirements, including parking, building codes, and certificates of occupancy.
What zoning compliance usually involves
Whether dealing with Fort Myers (if permitted) or Lee County, zoning compliance for dispensaries typically includes:
- Confirming the property’s zoning classification
- Ensuring compliance with the 500-foot school buffer
- Meeting building, fire, and life-safety standards
- Obtaining local business tax receipts and required permits
- Participating in public hearings if a buffer exception is requested
Practical checklist for Fort Myers–area dispensary zoning
- Determine if the property is inside city limits or unincorporated Lee County
- Confirm whether Fort Myers’ dispensary prohibition is still in effect
- Request a zoning verification from the appropriate authority
- Measure distances to nearby K–12 schools
- Review all local permitting and occupancy requirements
In Fort Myers, zoning laws are less about a single rule and more about location and jurisdiction. Verifying those details early can save significant time and expense for anyone exploring dispensary operations in the area.