Port Orange, FL Cannabis Regulations: Dispensary Zoning (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- Repealed by Ord.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 The city repealed its 2014 moratorium on marijuana facilities in 2017.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.
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?
Did Port Orange ever ban marijuana businesses?
Can a marijuana cultivation facility locate in Port Orange?
Is a special permit required for a dispensary beyond normal retail approval?
Sources & Official References
Other rules in Port Orange
Florida rules heatmap·Compare Port Orange to another location·View the Florida cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Volusia County handle dispensary zoning.