Bal Harbour and Medical Marijuana: Local Ordinances Meet State Law

Bal Harbour may be small, but the rules that matter to medical marijuana patients are layered: Florida’s statewide medical program sets the baseline, while Bal Harbour’s zoning decisions shape where dispensaries can (and cannot) operate locally.

The biggest Bal Harbour–specific issue is access. In a 2024 zoning ordinance packet, Bal Harbour Village proposed defining “marijuana” and “marijuana retail center” and then expressly prohibiting marijuana retail centers (dispensing facilities) throughout the village’s zoning districts. For residents, that means there is no guarantee a dispensary will ever be permitted inside Bal Harbour, even though medical marijuana is legal statewide. Practically, qualified patients should plan to purchase from licensed Medical Marijuana Treatment Centers (MMTCs) in neighboring municipalities and to use delivery only if the MMTC’s delivery practices comply with Florida law and the patient’s building rules.

Florida law is what allows Bal Harbour to take that zoning stance. Under Florida’s medical marijuana statute, a municipality may ban MMTC dispensing facilities by ordinance. If a municipality does not ban them, it cannot set a numeric cap on how many dispensaries may locate there. State law also creates a school buffer rule that local governments must respect: a dispensing facility generally may not be located within 500 feet of a K-12 school unless the county or municipality approves the location through a formal, public proceeding and finds the location promotes public health, safety, and welfare.

For Bal Harbour residents, “Where can it be used?” is just as important as “Where can it be bought?” Florida’s statute defines “medical use” but carves out multiple locations where use is not allowed. It excludes use or administration “in any public place” (with a limited carve-out for low-THC cannabis that is not in a form for smoking). It also restricts use on public transportation, in most vehicles/aircraft/motorboats, on K-12 school grounds (with limited exceptions), and in enclosed indoor workplaces unless the employer permits it. In a place like Bal Harbour—where beaches, sidewalks, hotel areas, and shared building amenities are common—this typically means consumption should be limited to private spaces where the patient has permission.

Purchase and possession compliance is driven by state “supply” limits. Florida limits dispensations to a 70-day supply overall, and it limits marijuana “in a form for smoking” to a 35-day supply that may not exceed 2.5 ounces unless a state-approved exception applies. Those limits are tracked in the state registry, so patients should coordinate with their physician and MMTC about routes and allotments (smokable, inhalation, oral, edibles, topical) to avoid running into a “hard stop” at the counter.

Bal Harbour residents should also think about documentation and traffic stops. Florida law makes MMTCs the legal source of medical marijuana, and the statutory definition of “medical use” excludes marijuana not purchased or acquired from an MMTC. Keeping products in their original, labeled packaging and carrying a current registry ID card helps reduce confusion if a patient is questioned by law enforcement.

Finally, be clear about eligibility. Florida’s statute defines a “qualified patient” as a Florida resident who is added to the medical marijuana use registry and holds a qualified patient ID card. For Bal Harbour residents, the local headline is simple: the village can restrict dispensary locations through zoning, but state law still governs who qualifies, how much can be dispensed, and where medical marijuana can (and cannot) be used. When in doubt, verify building rules and consult a Florida-licensed marijuana physician locally.