Hialeah amends marijuana code language to align with Florida Supreme Court ruling; dispensaries remain banned

The Hialeah City Council approved, on first reading, an amendment to city code that strikes a provision the city attorney said was preempted by state law governing medical marijuana cultivation and processing. The council kept language that bans medical marijuana dispensing facilities.

City attorneys explained the change as a legal housekeeping step to eliminate a clause that would conflict with guidance from the Florida Supreme Court. The court has held that local governments cannot regulate in a way that obstructs state licensing for cultivation and related activities. Council members said they did not intend to authorize dispensaries; the amendment simply removes language the city cannot legally enforce.

A city lawyer summarized the point to the council: the ordinance will continue to ban dispensaries, which cities may lawfully do, but cannot forbid activities the state expressly regulates. Husani Gourich of the business tax division and other staff clarified that any applicant seeking cultivation or manufacturing capacity would still need to secure state approvals and then navigate local zoning, building, fire and other recurring permitting steps.

Councilmembers asked whether approving the housekeeping amendment would make it easier for a future applicant to open a dispensary; staff and the city attorney said no — the change corrects only the section addressing cultivation and does not remove the ban on dispensaries. “This is just we're striking out a part of the language that we kind of implied that we can regulate the cultivating of it, and we don't have the authority to regulate that,” a city attorney said.

The motion to approve first reading carried after a second by Council President Luis Rodriguez; the item was scheduled for second reading and public hearing on Aug. 12.