Medical Marijuana Dispensary and Delivery Regulations in the City of Orlando
In the City of Orlando, medical marijuana dispensaries are classified as a "light retailing" use and are generally permitted in Mixed Use (MU-1, MU-2), Activity Center (AC-N, AC-1, AC-2, AC-3, AC-3A), and Mixed Residential-Office (MXD-1, MXD-2) districts. These facilities must maintain strict separation distances, such as 1,000 feet from schools and parks and 5,280 feet from other dispensaries, and while onsite dispensing is prohibited between 7:00 p.m. and 8:00 a.m., the Orlando Code of Ordinances does not restrict the hours for cannabis delivery services.
Permitted Zoning Districts
The City of Orlando regulates medical marijuana dispensaries as a non-residential use. According to the Orlando Code of Ordinances, these facilities are categorized as "light retailing" [Section 58.873]. Based on the allowable use tables, the following zoning districts permit this use:
- Mixed Use Corridor Districts: MU-1 (Medium Intensity) and MU-2 (High Intensity).
- Activity Center Districts: AC-N (Neighborhood), AC-1 (Community), AC-2 (Urban), AC-3 (Metropolitan), and AC-3A (Downtown Metropolitan Activity Core).
- Mixed Residential-Office Districts: MXD-1 and MXD-2 (provided the use fronts a major thoroughfare per Figure 2B.LDC Footnote 23).
- Southeast Orlando Sector Plan Area: Within this specific area of the City of Orlando, dispensaries must comply with the regulations applicable to the Village Center land use category [Section 58.873].
Medical marijuana dispensaries are expressly prohibited in the City of Orlando unless they are approved by the Florida Department of Health [Section 58.873].
Location Restrictions and Separation Requirements
The City of Orlando imposes significant distance requirements to separate dispensaries from sensitive uses and from one another. A dispensary may not be located within the following distances of specified entities:
| Protected Entity or District | Minimum Separation Distance |
|---|---|
| Another Medical Marijuana Dispensary | 5,280 feet (1 mile) |
| K-12 School (Public or Private) | 1,000 feet |
| Public Park | 1,000 feet |
| Religious Institution | 1,000 feet |
| Child Adult Day Care Center | 1,000 feet |
| Treatment and Recovery Facility | 1,000 feet |
| Residential Zoning District (Inside Orlando or Orange County) | 200 feet |
| Residential Land Use (Southeast Orlando Sector Plan Area) | 200 feet |
Note on Hospital Exception: A medical marijuana dispensary may be permitted as an "accessory use" to a hospital in the City of Orlando if the hospital contains at least 100 beds and the dispensary is located within 1,000 feet of the hospital's parcel [Section 58.874].
Operational Regulations and Delivery Services
The City of Orlando mandates specific operational standards for these facilities to protect public safety and minimize community impact.
Dispensing vs. Delivery
The Orlando Code of Ordinances distinguishes between onsite dispensing and delivery services. Onsite dispensing is prohibited between the hours of 7:00 p.m. and 8:00 a.m. [Section 58.875]. However, the City of Orlando explicitly states that these hourly restrictions do not apply to the delivery of medical cannabis or cannabis delivery devices [Section 58.875]. Furthermore, the use of the dispensary for business purposes other than dispensing (such as administrative tasks or delivery logistics) is permitted during those restricted hours.
Prohibited Features
Medical marijuana dispensaries in the City of Orlando are strictly prohibited from having drive-through facilities [Section 58.875]. Additionally, these facilities are not permitted to use "Major" or "Intensive" retailing classifications unless specifically modified by the Zoning Official.
Security and Appearance
Before receiving a Certificate of Occupancy, a City of Orlando dispensary must have its site plan and appearance approved via a Zoning Official Determination. This process ensures compliance with the City of Orlando's architectural standards, including a minimum of 30% transparency for ground floor walls visible from public rights-of-way [Section 58.875]. A security plan must also be filed with and approved by the Orlando Police Chief.
Sections Cited
- Sec. 58.873 - General Requirements (Medical Marijuana Dispensaries)
- Sec. 58.874 - Special Location Regulations
- Sec. 58.875 - Special Operational Regulations
- Sec. 58.876 - Definitions
- Figure 2B.LDC - Table of Allowable Uses (Non-Residential)
- Section 62.410 - Virginia Drive Special Plan (Referenced regarding Village Center categories)
- Chapter 66 - Definitions (Referenced for Light Retailing)