DeLand Southwest Cannabis Regulations: Home Cultivation Rules (2026)

Home cultivation of cannabis is illegal in Florida for all residents, including registered medical marijuana patients. FL §381.986 (Medical Use of Marijuana) restricts cultivation exclusively to state-licensed Medical Marijuana Treatment Centers (MMTCs) such as Trulieve, Curaleaf, Surterra, and Fluent. Patients obtain cannabis only from licensed dispensaries with a valid Medical Marijuana Use Registry card issued by the Florida Department of Health Office of Medical Marijuana Use (OMMU). Amendment 2 (2016) legalized medical cannabis but did not authorize home grows. Recreational cannabis remains illegal in Florida. Possession of cannabis plants violates FL §893.13 with penalties scaling by quantity: under 25 plants is a third-degree felony (up to 5 years prison, $5,000 fine); 25+ plants is a second-degree felony (up to 15 years); 300+ plants triggers drug trafficking charges (mandatory minimum 3 years). Volusia County Sheriff, Daytona Beach PD, DeLand PD, and other local agencies enforce cultivation cases. Indoor grows are commonly detected via utility records, odor complaints, and thermal imaging (though FL courts require warrants post-Kyllo v. US). Hemp under 0.3% THC is legal per FL §581.217 and the 2018 federal Farm Bill, but visual identification challenges make residential hemp growing risky.