Deltona planning board backs city commission'-directed ban on medical marijuana dispensaries, 6-1

The Deltona Planning and Zoning Board on May 21 voted 6-1 to recommend the City Commission approve ordinance number 21-20-25, a measure that would repeal Article 14 of Chapter 110 (medical marijuana dispensaries) and amend Article 3 (establishment of classifications and official zoning map) to prohibit dispensaries in all city zoning districts.

The recommendation follows direction the board said it received from the City Commission on April 7, 2025, to consider a full ban. Jonathan Knight, Planner 1 with the city, told the board the ordinance would remove dispensaries as a permitted or conditional use and make existing dispensaries legal nonconforming uses that must comply with section 110.601 (abandonment of use) if the property is unused for six months.

City staff described the proposed change and the local context. "The purpose of this ordinance is to repeal article 14 of chapter 110, which is medical marijuana dispensaries. And we will also amend the land use table to remove dispensaries as a permitted or conditional use," Jonathan Knight said. Staff also noted the change implements the commission's direction to pursue a full ban.

Board members asked how many dispensaries operate in Deltona and nearby jurisdictions. A staff member, Jordan, said the city currently has two dispensary sites (one active and one approved and ready to occupy). Jordan reported there are 26 dispensaries across nearby municipalities and unincorporated Volusia County, including counts the staff provided: Daytona Beach (9), Port Orange (6), Orange City (3), Edgewater (2), Holly Hill (2), Deltona (2), DeLand (1) and New Smyrna Beach (1).

Several board members described a tension between allowing legal access for patients and limiting location near schools and places of worship. Member Stewart said the state's regulatory choices left the city with two paths: treat dispensaries like pharmacies or ban them. "When the state of Florida tries to direct or say, 'Hey, 500 feet and you can't go any more than that,' that kind of forces the hand," Stewart said, describing the difficulty of balancing protections for children and houses of worship with access for patients.

Board members also asked whether an approved, but not yet operating, dispensary would be protected. Staff answered that locations approved before adoption of the repeal would be treated as legal nonconforming uses; if their use is abandoned for six months the site would have to revert to the zoning map.

After discussion Member Amoroso moved that the board recommend approval of ordinance number 21-20-25; Member Wernicke seconded. The board opened the item for public comment; none was offered. The motion passed 6-1 (Member Northey voted no). The planning board's action is a recommendation to the City Commission; the ordinance must be considered and adopted by the commission for the ban to take effect.

If the commission adopts the ordinance as drafted, existing dispensaries would remain operational as legal nonconforming uses until abandonment of use triggers reversion to the underlying zoning. The ordinance also removes the conditional-use process previously in the code; staff noted that changes in Florida law have limited local authority to treat dispensaries differently from pharmacies except for school-distance requirements.

The commission discussion that led to the staff directive included concerns about the distance requirements and odor, according to staff; Knight encouraged board members who wanted the verbatim discussion to review the commission meeting recording.

The planning board vote will be transmitted to the City Commission for final action. Staff indicated that if the commission adopts a ban, the city code will be updated to remove Article 14 and amend the land-use table accordingly.