Fort Myers, Florida, maintains a nuanced stance on cannabis delivery, reflecting both state-level medical marijuana regulations and local ordinances that shape access within city limits.

Statewide Framework: Medical Marijuana Delivery

Under Florida law, only licensed Medical Marijuana Treatment Centers (MMTCs) are authorized to deliver medical cannabis to qualified patients and caregivers. These deliveries must adhere to strict guidelines, including:

• Recipient Verification: Deliveries are permitted only to registered patients or their legal caregivers, who must present valid identification and a medical marijuana use registry card upon receipt.
• Delivery Personnel: Only employees of licensed MMTCs may conduct deliveries; third-party services are prohibited.
• Delivery Locations: Cannabis must be delivered exclusively to the residential address listed in the state’s Medical Marijuana Use Registry.
• Purchase Limits: Patients may receive up to a 70-day supply of cannabis, with specific limits such as 2.5 ounces of smokable marijuana per 35 days, as determined by their physician.

Recreational marijuana remains illegal in Florida, and thus, recreational cannabis delivery is not permitted anywhere in the state.

Local Ordinances: Fort Myers’ Position

In 2018, the City of Fort Myers enacted Ordinance No. 3823, which prohibits the establishment of medical marijuana dispensing facilities within city boundaries. This ordinance aligns with Florida law, allowing municipalities to ban such facilities.

Despite this prohibition, MMTCs located outside Fort Myers are permitted to deliver medical cannabis to qualified patients residing within the city. This is because the regulation of cannabis delivery is preempted to the state, and local governments cannot restrict delivery services conducted by state-licensed entities.

Practical Implications for Fort Myers Residents

Qualified patients in Fort Myers can legally receive medical cannabis deliveries from MMTCs operating outside city limits. To do so, patients must:

• Obtain Certification: Be evaluated by a qualified physician and added to the Medical Marijuana Use Registry.
• Secure Identification: Apply for and receive a Medical Marijuana Use Registry Identification Card.
• Place Orders: Contact a licensed MMTC to arrange for delivery, ensuring the delivery address matches the one on file in the registry.

It’s important to note that while delivery is permitted, patients cannot visit dispensaries within Fort Myers due to the local ban on such facilities.

In Summary

Fort Myers’ approach to cannabis delivery reflects a balance between state-authorized medical marijuana access and local regulatory control. While the city prohibits the physical presence of dispensaries, it cannot impede state-sanctioned delivery services, ensuring that qualified patients maintain access to their prescribed medical cannabis.