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

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

Key Facts

Operating hours
7:00 a.m. to 9:00 p.m. only
Parking classification
Treated as a retail establishment
State license
Valid, current MMTC license required
County permit
Building/use permit, Division of Building Safety
Product limit
Medical marijuana and delivery devices only
Max penalty
$500 fine or 60 days jail, or both
Geographic scope
Unincorporated Orange County only

Summary

Orange County allows medical-marijuana dispensing facilities in the unincorporated area, but only for a Medical Marijuana Treatment Center holding a valid license from the Florida Department of Health. Code Sec. 38-79(179) sets local siting and operating conditions: a building and use permit from the county Division of Building Safety, capped hours, parking treated as a retail use, and a ban on non-medical marijuana sale. Orange County has never opted out of dispensing facilities.

City-specific rules exist: Apopka, Ocoee, and Orlando have their own dispensary zoning rules that differ from Orange County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

A dispensing facility may be permitted subject to the following conditions:a.Valid license. A valid license for both the MMTC of which the dispensing facility is a part and for the dispensing of marijuana shall be obtained from the State of Florida and remain in effect during the operation of the dispensing facility. All dispensing activities shall cease if a license has expired or been revoked by the state. Any dispensing facility not licensed by the State is hereby prohibited within unincorporated Orange County....f.Parking and queuing. A dispensing facility shall be required to meet the off-street parking standards in section 38-1476 ("Quantity of off-street parking"), Orange County Code, and shall be deemed a retail establishment for parking demand purposes. The owner of the dispensing facility shall be responsible for ensuring that there is no queuing of vehicles in the public right-of-way....h.Hours of operation. A dispensing facility shall only dispense marijuana or marijuana delivery devices from the premises between the hours of 7:00 a.m. to 9:00 p.m.

Source: FL Medical MarijuanaView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 128).

Full Breakdown

Section 38-79(179) of the Orange County Code lists the conditions a dispensing facility must meet to operate in unincorporated Orange County. It must belong to an MMTC with a current Florida Department of Health license for both the MMTC and the dispensing activity itself; any facility operating without that state license is "hereby prohibited" under the county code. Before opening, the operator must file a building or use permit application with the county Division of Building Safety, along with proof the MMTC is state-authorized to sell marijuana to qualifying patients, and pay the applicable fee; a permit does not shield anyone from state or federal criminal liability for marijuana activity.

Once open, the facility is treated as a retail establishment for off-street parking purposes and must meet the parking counts in Sec. 38-1476, with the owner responsible for keeping vehicles from queuing into the public right-of-way. ; nothing may be dispensed from the premises outside that window. A separate 500-foot school distance separation and a signage cap of one exterior sign apply under the same section but are addressed on the county's cannabis school-buffer page. The rules apply only inside unincorporated Orange County; Orlando, Winter Park, Apopka, Ocoee, Winter Garden, Maitland, Belle Isle, Eatonville, Edgewood, Oakland and Windermere each set their own zoning for dispensaries under their own municipal codes.

Violations & Fines

Violating any part of Sec. 38-79(179), including operating without a valid state license or dispensing outside the 7 a.m. to 9 p.m. window, is punishable under Sec. 1-9 by a fine of up to $500.00, up to sixty days in the county jail, or both. The county may also pursue code enforcement citations under F.S. ch. 162, or civil action to enjoin a violator, and Orange County Sheriff's deputies and code enforcement officers may inspect a facility any time it is open to check for a valid license and compliance.

Frequently Asked Questions

Has Orange County opted out of allowing marijuana dispensaries?
No. Unlike some Florida counties, Orange County has never adopted an ordinance opting out of dispensing facilities. Code Sec. 38-79(179) instead permits them in the unincorporated area, subject to a valid state MMTC license, a county building and use permit, fixed operating hours, and a ban on any non-medical marijuana sale.
What hours can an Orange County dispensing facility operate?
A dispensing facility "shall only dispense marijuana or marijuana delivery devices from the premises between the hours of 7:00 a.m. to 9:00 p.m.," per Sec. 38-79(179)h. Dispensing outside that window is a Code violation enforceable under Sec. 1-9, regardless of the facility's state license status.
Does a marijuana dispensary need a separate county permit to open?
Yes. Sec. 38-79(179)b requires the operator to file a building or use permit application with the county Division of Building Safety, pay the applicable fee, and submit proof the MMTC is state-authorized to sell marijuana before any permit issues; the county permit does not excuse state or federal criminal exposure.
Can an Orange County dispensary sell recreational marijuana or other products?
No. Sec. 38-79(179)d limits sales to medical marijuana and authorized delivery devices tied to a physician certification, bars any other cannabis, alcohol, or drug paraphernalia, and states that dispensing marijuana "for other than medical uses (for example, recreational use) is hereby prohibited" countywide.

Sources & Official References

Other rules in Orange County

All Orange County rules

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