Delray Beach, FL Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- State Preemption
- FL §381.986
- Zoning
- Same as pharmacies
- Allowed
- GC, PC districts
- Licensing
- State OMMU only
- Recreational
- Not legal in FL
Summary
Under FL §381.986, municipalities must either ban all Medical Marijuana Treatment Center dispensaries or allow them anywhere pharmacies are permitted. Delray Beach has zoned MMTCs alongside pharmacies in General Commercial and Planned Commercial districts.
Medical use of marijuana.—(1) DEFINITIONS.—As used in this section, the term:(a) “Attractive to children” means the use of any image or words designed or likely to appeal to persons younger than 18 years of age, including, but not limited to, cartoons, toys, animals, food, or depictions of persons younger than 18 years of age; any other likeness to images, characters, or phrases that are popularly used to advertise to persons younger than 18 years of age; or any reasonable likeness to commercially available candy. (b) “Caregiver” means a resident of this state who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6). (c) “Chronic nonmalignant pain” means pain that is c
Full Breakdown
Florida state law preempts most local dispensary regulation. Cities can only choose to ban all dispensaries outright or treat them the same as pharmacies for zoning purposes; there is no middle ground. Delray Beach allows MMTCs in districts where pharmacies are permitted, consistent with state law. This includes GC (General Commercial), PC (Planned Commercial), and certain mixed-use districts along Federal Highway, Linton Boulevard, and Atlantic Avenue. MMTCs are state-licensed through the Office of Medical Marijuana Use (OMMU) with only a limited number of licenses statewide. As of 2024 Trulieve, Surterra, Curaleaf, and MUV operate in Palm Beach County. Recreational dispensaries do not exist given Florida has no recreational legalization.
Violations & Fines
Operating an unlicensed dispensary or selling cannabis without MMTC status is a felony under FL §893.13. Zoning violations by legal MMTCs handled through code enforcement.
Frequently Asked Questions
Where are dispensaries allowed in Delray Beach?
Sources & Official References
Other rules in Delray Beach
Florida rules heatmap·Compare Delray Beach to another location·View the Florida cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Palm Beach County handle dispensary zoning.