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.
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.
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.
Delray Beach, FL
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Delray Beach, FL
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Delray Beach, FL
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Delray Beach, FL
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Delray Beach, FL
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Delray Beach, FL
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Side-by-side rule comparisons with other cities in Palm Beach County.
See how other cities in Palm Beach County handle dispensary zoning.
See how Delray Beach's dispensary zoning rules stack up against other locations.
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