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Clearwater, FL Cannabis Regulations: Home Cultivation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State law
FS 381.986 / 893.13
Home grow
Prohibited
Source
Licensed MMTC only
Felony threshold
Any cultivation

Summary

Home cultivation of cannabis is illegal in Clearwater under Florida Statute 381.986, which limits qualified patients to purchases from licensed Medical Marijuana Treatment Centers only.

(k)  “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include: 1.  Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center. 2.  Possession, use, or administration of marijuana in the form of commercially produced food items other than edibles or of marijuana seeds. 3.  Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification. 4.  Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient. 5.  Use or administration of marijuana in the following locations: a.  On any form of public transportation, except for low-THC cannabis not in a form for smoking. b.  In any public place, except for low-THC cannabis not in a form for smoking. c.  In a qualified patient’s place of employment, except when permitted by his or her employer. d.  In a state correctional institution, as defined in s. 944.02 , or a correctional institution, as defined in s. 944.241 . e.  On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062 . f.  In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not in a form for smoking. 6.  The smoking of marijuana in an enclosed indoor workplace as defined in s. 386.203 (5).

Source: Florida Statute 381.986View official code

Full Breakdown

Florida Statute 381.986 governs the medical use of marijuana statewide and explicitly prohibits qualified patients and caregivers from growing cannabis at home. All medical marijuana must be dispensed by a state-licensed Medical Marijuana Treatment Center (MMTC). Recreational cannabis remains illegal in Florida, and possession of any cultivated plant is a felony under FS 893.13. Clearwater enforces these state laws through Clearwater Police Department and code enforcement, and cannabis cultivation can also trigger zoning, building, and electrical violations under the Community Development Code. Hemp grown under FDACS licensing is the narrow exception for industrial hemp, but is not a personal-use option for consumers.

Violations & Fines

Third-degree felony under FS 893.13 for cultivation of any amount; first-degree felony for 25 or more plants. Property forfeiture and federal exposure are also possible.

Frequently Asked Questions

Can I grow medical marijuana at home in Clearwater?
No. Florida Statute 381.986 requires patients and caregivers to obtain marijuana only from licensed Medical Marijuana Treatment Centers. Home cultivation is a third-degree felony with no patient exception.
Is recreational marijuana legal in Clearwater?
No. Florida has not legalized recreational cannabis, and cultivation, possession, or sale outside the medical program remains a criminal offense under FS 893.13.

Sources & Official References

Other rules in Clearwater

All Clearwater rules

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