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Flagler County, FL Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Dispensaries
Banned countywide (unincorporated area)
Adopting ordinance
Ordinance No. 2018-01, § 2
Effective date
January 8, 2018
Applies to
Dispensing facilities only, not cultivation sites
Not covered
Palm Coast, Flagler Beach, Beverly Beach, Bunnell

Summary

Unincorporated Flagler County bans medical marijuana treatment center dispensing facilities outright. Land Development Code Sec. 3.06.15, adopted by Ordinance 2018-01 in January 2018, prohibits the use everywhere within the unincorporated county regardless of zoning district, so no dispensary can locate or operate on county-controlled land outside Palm Coast, Flagler Beach, Beverly Beach or Bunnell.

These county ordinances apply to unincorporated areas of Flagler County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Medical marijuana treatment center dispensing facilities shall be banned and otherwise prohibited from being located within the boundaries of unincorporated Flagler County.

Full Breakdown

Sec. ' The county adopted the prohibition through Ordinance No. 2018-01, Section 2, on January 8, 2018, using the local opt-out authority available to counties and municipalities under Florida's medical marijuana implementing statute. Because the ban applies district-wide rather than through a use table, it displaces the normal zoning analysis that governs other commercial uses elsewhere in Article III of the Land Development Code: there is no district, including the county's commercial and industrial zones, where a dispensing facility can be sited as a permitted use, an accessory use, or through a special exception.

The prohibition reaches only 'dispensing facilities,' the retail point where product is sold or dispensed to a qualified patient; it does not, on its face, reach every activity a licensed medical marijuana treatment center may otherwise conduct, such as cultivation or processing at a separate site, which would instead be evaluated under the county's agricultural or industrial district use tables. The ban does not extend into Palm Coast, Flagler Beach, Beverly Beach or Bunnell, each of which sets its own dispensary policy under its own zoning code.

Violations & Fines

Operating or locating a medical marijuana dispensing facility anywhere in unincorporated Flagler County violates Sec. 3.06.15 regardless of the site's underlying zoning district, since the ban is countywide rather than district-specific. A use that violates the Land Development Code is treated as a zoning violation, enforceable through the county's code enforcement process under Florida Statutes Chapter 162, which can include a special magistrate hearing, fines, and an order to cease the prohibited use or vacate the site.

Frequently Asked Questions

Can a medical marijuana dispensary open in Flagler County?
Not in the unincorporated county. Sec. 3.06.15 of the Land Development Code bans medical marijuana treatment center dispensing facilities from locating anywhere within unincorporated Flagler County, a prohibition the county adopted by Ordinance No. 2018-01, Section 2, effective January 8, 2018, and it applies regardless of the site's zoning district.
Does the ban cover Palm Coast too?
No. Sec. 3.06.15 only reaches the unincorporated territory of Flagler County. Palm Coast, Flagler Beach, Beverly Beach and Bunnell each control dispensary siting under their own municipal zoning codes, so the county's ban does not automatically apply inside those cities.
Does the ban stop marijuana cultivation facilities too?
The text of Sec. 3.06.15 bans 'dispensing facilities' specifically, the retail point of sale to patients. It does not by its terms reach cultivation or processing operations, which would instead be reviewed under the county's agricultural or industrial district use standards.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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