Florida preempts local dispensary zoning under FL §381.986: MMTCs must be treated as standard pharmacies. Volusia jurisdictions set 500-foot school/church buffers. Dispensaries operate in Daytona, Deltona, Port Orange, and along US-92.
Florida §381.986(11) preempts local governments from regulating Medical Marijuana Treatment Centers (MMTCs) differently than standard pharmacies. Volusia County and municipalities may only impose the same zoning rules applied to pharmacies like Walgreens and CVS. Most Volusia jurisdictions apply 500 to 1,000 ft buffers from public and private schools, licensed daycares, and some enforce buffers from churches and parks as part of pharmacy rules. MMTCs must operate in commercial and mixed-use zones (B-2, B-4, MU). Active dispensaries in Volusia include Trulieve in Daytona Beach (ISB/US-92 corridor), Curaleaf in Port Orange (US-1), Fluent in Deltona (SR-472), and Surterra in Ormond Beach. DeLand (home to Stetson University) imposes additional buffers. State law requires: Medical Marijuana Use Registry verification for every customer, seed-to-sale tracking, security (alarms, safes, cameras 24/7), operating hours 7 AM to 9 PM typical, no on-site consumption, no drive-thru in most jurisdictions, and no sales to non-patients. The 2024 Amendment 3 recreational cannabis ballot measure failed, so Florida remains medical-only.
Operating without MMTC license: criminal charges, facility closure, license revocation. Selling to non-patients: state fines $1,000 to $10,000 plus license action. Security violations: $500 to $5,000 per incident. Zoning violations: code enforcement fines.
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See how Deltona's dispensary zoning rules stack up against other locations.
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