Volusia County Cannabis Overview

  1. Florida Cannabis
  2. Volusia County Cannabis

Is Cannabis Cultivation Legal in Volusia County?

Yes. However, the 2022 Florida Statute Section 381.986 only allows the medical use of marijuana in the state and is regulated by the Department of Health Office of Medical Marijuana Use (OMMU). The department issues licenses to Medical Marijuana Treatment Centers (MMTCs) to cultivate, process, transport, and dispense marijuana. These centers should be at least 500 feet away from a public or private elementary school, middle school, or secondary school.

Only indoor cultivation, in a room away from other plants, by MMTCs is allowed by the state. Anybody else cultivating marijuana violates Section 893.13 and is punishable by law. Section 381.986 provides the following guidelines for MMTCs:

  1. Pesticides may be used upon consultation with the Department of Agriculture and Consumer Services.
  2. Seeds and growing plants must be checked for pests in compliance with the 2022 Florida Statute Chapter 581. Treatment or destruction of infected plants should be done accordingly.
  3. The following should be implemented to ensure the safety and security of MMTCs:
    • Adequately installed security alarm and video surveillance system
    • Sufficient lighting on outdoor premises
    • At least two employees with proper IDs should be on the premises at all times.
    • A visitor pass is required to be worn by visitors while on the premises.
    • Alcohol and drug-free workplace
    • Report cases of theft, diversion, or loss of marijuana to local law authorities within 24 hours

Is Cannabis Manufacturing Legal in Volusia County?

Yes, although only licensed MMTCs are allowed by the state to process and manufacture marijuana. In compliance with Section 381.986, the following are some of the requirements to be followed when manufacturing marijuana:

  1. The manufacturing area should be in a room located inside a closed building, away from other plants or goods.
  2. Only use solvents determined by the Department of Health (DOH) to be safe and not cause potential toxicity to people.
  3. Ensure proper storage, handling, transportation, management, and disposal of generated waste.
  4. A medical marijuana testing laboratory should test the products.
  5. Packaging should be labeled appropriately and comply with the United States Poison Prevention Packaging Act of 1970. Marijuana intended to be smoked must be packed in a sealed container with clear instructions to keep minors away from it and a notice that marijuana smoke contains carcinogens and might harm health.

Pursuant to Chapter 500, MMTCs that produce edibles are also required to have a permit to operate as a food establishment and must abide by any regulations under said chapter. Edibles should not be appealing to children, and a single serving cannot include more than 10 milligrams of tetrahydrocannabinol.

Is Cannabis Retail Legal in Volusia County?

Yes, the state also allows licensed MMTCs to dispense medical marijuana. At present, there are 12 MMTC dispensing facilities in Volusia County. These dispensaries sell products such as CBD oil, edibles, tinctures, tincture cartridges, topicals, oral syringes, capsules, flowers, and concentrates which may only be dispensed in a medical marijuana delivery device specified in a physician certification.

According to Section 381.986, the following is the limit for cannabis retail:

  • No more than a 70-day supply of marijuana in a given 70-day period
  • No more than one 35-day supply of marijuana in a smoking form in any 35 days
  • A 35-day supply of marijuana intended for smoking cannot include more than 2.5 ounces unless the department grants a waiver.
  • Dispensing is not allowed between 9:00 PM to 7:00 AM.

An employee who will dispense a marijuana product is required to utilize the medical marijuana use registry to verify that the buyer is an active registered qualified patient or caregiver. Upon dispensing, the date and time of dispensing, amount and form of marijuana dispensed, type of marijuana delivery device dispensed, and name and registry identification number of the qualified patient or caregiver should be recorded by the employee in the registry.

Is Cannabis Delivery Legal in Volusia County?

Yes. Following Section 381.986, the state allows marijuana to be delivered by licensed MMTCs 24 hours a day. However, delivery is only allowed to actively registered medical marijuana cardholders, which can either be the qualified patient and/or their caregiver.

The Section also sets the following requirements to ensure the safe transport of marijuana and delivery devices:

  1. Keep a transportation manifest that is generated from the MMTCs seed-to-sale tracking system in any delivery vehicle. It should contain the following information, and a copy should be provided to the receiver:
  • Date and approximate time of departure
  • Name, address, and license number of the MMTC
  • Name and address of the recipient
  • Quantity and form of the transported product
  • Date and estimated time of arrival
  • Delivery vehicle model and license plate number
  • Name and signature of the delivery employee.
  1. The product should be placed in a particular area or container inside the vehicle.
  2. Delivery employees should wear their employee identification cards.
  3. At least two persons should be in the vehicle during transport, and at least one should remain inside the vehicle while the product is delivered to the receiver.
  4. Delivery employees should undergo safety and security training.

How to Get Medical Marijuana Card in Volusia County

Florida grants a medical marijuana card to its qualified residents by applying online or by mail. A qualified physician should issue a physician certification for the patient or caregiver. To qualify, a patient must have at least one of the following conditions: cancer, epilepsy, glaucoma, HIV/AIDS, posttraumatic stress disorder, amyotrophic lateral sclerosis, Crohn’s disease, Parkinson’s disease, multiple sclerosis, conditions of the same kind, a terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification, and chronic nonmalignant pain.

According to OMMU, the following are the requirements for the application:

  1. Photo of the applicant
  2. Proof of residency such as a Florida driver's license
  3. Signature
  4. Payment

Applicants may apply online by logging in to the Medical Marijuana Use Registry, supplying all requirements, and submitting payment. On the other hand, application by mail may be done by printing and accomplishing a patient or caregiver application form and then sending it to this address:

Office of Medical Marijuana Use

PO Box 31313

Tampa, FL 33631-3313

The official medical marijuana card will be mailed to the applicant once approved. For assistance, the department may be reached via 800-808-9580.

How Has Cannabis Legalization Impacted the Economy of Volusia County?

Florida legalized medical marijuana in 2016. According to projections, the state's medical marijuana market will be worth more than $1.5 billion by 2020 and could occupy as much as 7.9% of the total US legal marijuana market. Although its sales are not subject to an excise tax, purchases still have a 6% retail sales tax statewide. One year after its legalization, around $20 million to $40 million was made from cannabis sales.

Based on records, the state’s medical marijuana market continues to grow. As of August 2022, the state now has 743,467 qualified patients, 2,468 qualified physicians, and 463 dispensaries. In a span of one week, it has sold a total of 249,899,970 milligrams of THC, 2,781,011 milligrams CBD, and 81,060.424 ounces of marijuana in smoking form.

The Effects of Cannabis Legalization on Crime Rates in Volusia County

Volusia County voted in 2016 to allow its law officers to issue tickets and impose fines on its residents caught possessing 20 grams of marijuana or less rather than arresting and charging them. In 2020, crime rates in the Volusia Sheriff's Office's jurisdiction decreased compared to data recorded in 2019.

In the entire state, the number of arrests based on driving under the influence (DUI), marijuana possession, and marijuana sale has decreased since 2017. According to the FBI Crime Data Explorer, from having 32,697 DUI arrests, 135 arrests for possession, and three arrests for sale, it is now down to 29,126 DUI arrests, 16 arrests for possession, and one arrest for sale in 2020.

Volusia County Cannabis