Board reverses zoning denial and clears path for medical cannabis dispensary at North Miami Avenue with conditions

The Planning, Zoning and Appeals Board unanimously granted an appeal by Bill’s Nursery, reversing the zoning administrator’s denial of a certificate of use for a medical cannabis dispensary at 2811 North Miami Avenue.

Zoning staff initially denied the certificate on the basis of a conflict between federal law (marijuana’s Schedule I status) and local allowances, relying on a general code provision that the most restrictive law applies where conflicts exist. The applicant appealed. Counsel for the applicant said courts and prior City Commission actions have permitted dispensaries in Miami and that the city previously approved two dispensaries; one now operates.

Kevin Cruz, counsel for Bill’s Nursery, and operator representatives noted that the business is regulated by the Florida Department of Health, that licensed medical cannabis operations are closely monitored and that the operator, The Flowery (operator name), already has multiple stores across Florida and deliveries into Miami‑Dade. Operator Elad (Elad Cohen) described security, testing and ID verification processes and said minors cannot buy medical cannabis; purchases are limited by state allocation rules.

Board members discussed federal‑state legal tension and practical regulation. Several members noted safety and state licensing safeguards and the public‑service nature of medical cannabis for certain patients. The board approved the appeal with conditions that the operator address an existing unsafe‑structure/code violation (chapter 2 compliance) and meet state spacing requirements (500‑foot school setback) and any other state licensing conditions prior to issuance of the certificate of use. The board’s action is final unless appealed to the hearing board within 15 days.