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

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

Key Facts

Dedicated zoning category
None; classified as retail pharmacy
By-right districts
CC, HC, ICD, and RD commercial zones
Special permit needed
No, beyond standard retail site plan review
2014 moratorium
Repealed by Ord. No. 2017-28, § 3 (2017)
Cultivation/processing
No matching permitted-use listing found

Summary

Port Orange treats a licensed medical marijuana treatment center dispensing facility as a 'retail pharmacy' under its Land Development Code, so dispensaries locate by right anywhere retail sales and services are permitted: the Community Commercial, Highway Commercial, Interchange Commercial and Ridgewood Development districts. The city repealed its 2014 moratorium on marijuana facilities in 2017.

Retail pharmacy. A retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, and other convenience services. This term shall include a licensed medical marijuana treatment center dispensing facility operating in accordance with state law. This term shall not include pain management clinic.

View 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 43 | Land Development Code: Supplement 38).

Full Breakdown

The Port Orange Land Development Code does not create a stand-alone 'medical marijuana dispensary' zoning category. Instead, Chapter 2, Section 2 defines 'retail pharmacy' to expressly include 'a licensed medical marijuana treatment center dispensing facility operating in accordance with state law,' folding dispensaries into the broader 'retail sales and services' use group. Retail sales and services is listed as a permitted, by-right use in Chapter 17's Community Commercial (CC) district at Section 21, and the same use also appears on the permitted-use lists for the Highway Commercial (HC), Interchange Commercial Development (ICD) and Ridgewood Development (RD) districts. That means a state-licensed dispensary can open in any of those commercial zones without a special exception, conditional-use permit, or separate marijuana-specific site plan review beyond the standard development plan process every retail tenant follows.

On the growing and processing side, the code does not carry a matching permitted-use entry for medical marijuana cultivation or processing facilities in any industrial district; those terms appear only in Chapter 12's parking-demand schedule, which sets a space ratio but does not itself authorize the use, so siting a cultivation or processing operation depends on qualifying under an existing manufacturing or agricultural use classification.

Port Orange briefly considered a local ban. Ordinance No. 2014-17 imposed a moratorium on medical marijuana related facilities and activities, codified as former Chapter 16, Section 13, but Ordinance No. 2017-28, Section 3, adopted September 19, 2017, repealed that moratorium outright, leaving the section reserved. The city has adopted no opt-out under Florida's medical marijuana framework since.

Violations & Fines

Operating a dispensary, cultivation or processing use outside a district where 'retail sales and services' or a matching manufacturing classification is permitted is treated as a zoning violation, handled through the Land Development Code's standard code enforcement process, including written notice, an opportunity to cure, and referral toward the special magistrate for continuing violations. No separate marijuana-specific penalty exists in the code.

Frequently Asked Questions

Does Port Orange allow medical marijuana dispensaries?
Yes. The Land Development Code defines a licensed medical marijuana treatment center dispensing facility as a type of 'retail pharmacy,' which falls under the 'retail sales and services' use permitted by right in the Community Commercial, Highway Commercial, Interchange Commercial Development and Ridgewood Development zoning districts.
Did Port Orange ever ban marijuana businesses?
The city imposed a moratorium on medical marijuana related facilities and activities in 2014 under Ordinance No. 2014-17, but Ordinance No. 2017-28 repealed that moratorium on September 19, 2017. The former section is now reserved, and no local ban or opt-out is currently in effect.
Can a marijuana cultivation facility locate in Port Orange?
The Land Development Code lists 'medical marijuana cultivation' only in its Chapter 12 parking-demand schedule, not on any zoning district's permitted-use list, so a cultivation operation must qualify under an existing manufacturing or agricultural classification and clear the same site plan review as any industrial use.
Is a special permit required for a dispensary beyond normal retail approval?
No. Because dispensaries are classified as retail pharmacies within the retail sales and services use group, they go through the same development plan and building permit process as any other retail tenant in a qualifying commercial district, with no separate marijuana-specific conditional use hearing.

Sources & Official References

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