Planning commission denies medical marijuana dispensary at 240 Third Street South

The Jacksonville Beach Planning Commission on July 28 denied a conditional-use application to open a medical marijuana treatment center and dispensing facility at 240 Third Street South, 3-2. The commission's vote came after more than an hour of public testimony, staff presentation and commissioners' discussion about parking, visibility and whether the number of dispensaries along the Third Street corridor fits the beach's vision.

Staff recommended approval of PC 11-25, saying the proposed dispensing facility would be a commercial retail use allowed in the C-1 zoning district and that the site already contains parking and landscaping. Christian Popoli, planning staff, told the commission the state treats dispensing facilities like pharmacies and that the use is regulated by state licensing and setback requirements under the Jacksonville Beach land development code (section 34-6-17(d)(21)).

Applicant Richard Johnston, who identified himself as a Jacksonville Beach resident and representative of the ownership group, told the commission the business holds an MMTC license and that "this will be one of the 25 licensed operators in the state of Florida." Johnston said the company plans to operate under the parent entity GrowHouse and will DBA as Wildflower if state approvals are completed. He said the business anticipates opening in late spring 2026 and initially would staff three people on site, with rotating schedules that could bring the total number of employees over time to 10–12.

Property owner Willard B. "Colin" Nicholson III, who said he has owned the building for about 30 years, told the commission the site previously supported higher parking volumes and that there is room to add two parking spaces adjacent to the ingress point if required. Nicholson said he considered several potential tenants and believed the dispensary would be a lower-impact use for that location.

Several commissioners said the application met the technical requirements for a conditional use but voiced concerns about the cumulative concentration of medical marijuana dispensaries and similar retail along the Third Street corridor. Commissioners noted staff's legal interpretation that state law preempts local regulation and treats a licensed dispensing facility like a pharmacy, but several members still expressed unease that permitting more dispensaries could produce an uninterrupted string of similar uses that would not align with planning commissioners' vision for the beach's mix of businesses.

A member of the public, Tyler Baden, spoke after being sworn and urged the commission to consider the applicant a local operator who aims to provide quality product and service for Jacksonville Beach patients; he described the applicants as "from Jax Beach" and said they wanted to "give something good to these patients." The chair then called for a roll-call vote. Planning Commissioners Margot Moring and Dean Haddock voted yes; Debbie Cole, Justin Henderson and Nicholas Andrews voted no. The motion to approve failed by a 3-2 margin.

No formal direction to amend the land development code or comprehensive plan was adopted during the hearing. Commissioners discussed possible next steps for city policy-makers, including the option of recommending a city-initiated amendment or resolution to address the distribution and diversity of retail uses along the beach; planning staff said the commission can forward recommendations to city council for consideration. The applicant was informed the city does not offer an internal administrative appeal process for this quasi-judicial decision; an appeal, if pursued, would be through the court system or the applicant may reapply after one year or submit a substantially different application sooner.

Why this matters: commissioners and neighbors framed the decision around the long-term vision for Jacksonville Beach's commercial corridors. Although state law restricts some local regulatory options by treating licensed dispensaries like pharmacies, the commission's vote highlights local concern about land-use patterns and business mix on Third Street.

Ending: The commission's denial closes this application at this location; the applicant was told the earliest city reapplication would generally be one year unless a substantially different proposal is filed or the applicant pursues an appeal through the courts. The commission also discussed, without adopting, possible future municipal-level code or plan amendments to address business concentration along the beach.