Delray Beach, FL Cannabis Regulations: Home Cultivation (2026)
Key Facts
- State Law
- Cultivation illegal
- Medical Source
- MMTC purchase only
- Amend 3
- Failed Nov 2024
- Felony
- 3rd degree
- Trafficking
- 25+ plants
Summary
Home cultivation of cannabis is illegal in Florida. The state permits only medical marijuana sold through licensed Medical Marijuana Treatment Centers (MMTCs). Personal cultivation by patients or recreational users is a felony under FL §893.13.
Medical use of marijuana.—(1) DEFINITIONS.—As used in this section, the term:(a) “Attractive to children” means the use of any image or words designed or likely to appeal to persons younger than 18 years of age, including, but not limited to, cartoons, toys, animals, food, or depictions of persons younger than 18 years of age; any other likeness to images, characters, or phrases that are popularly used to advertise to persons younger than 18 years of age; or any reasonable likeness to commercially available candy. (b) “Caregiver” means a resident of this state who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6). (c) “Chronic nonmalignant pain” means pain that is c
Full Breakdown
Amendment 2 (2016) legalized medical marijuana in Florida but explicitly prohibited home grow. Patients must purchase from state-licensed MMTCs and register with the Florida Medical Marijuana Use Registry. Florida recreational legalization Amendment 3 failed in November 2024, failing the 60 percent supermajority required. Cultivation of any amount remains a third-degree felony under FL §893.13(1)(a), punishable by up to 5 years prison. Cultivation of 25 or more plants triggers trafficking charges under FL §893.135 with mandatory minimums. Delray Beach does not have any local cultivation ordinance and would not supersede state criminal law.
Violations & Fines
Third-degree felony for personal-amount cultivation, up to 5 years prison and 5,000 dollar fine. Trafficking thresholds (25+ plants) carry 3-year mandatory minimum and 25,000 dollar fines.
Frequently Asked Questions
Can medical patients grow cannabis at home in Florida?
Sources & Official References
Other rules in Delray Beach
Florida rules heatmap·Compare Delray Beach to another location·View the Florida cannabis regulations overview
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Home Cultivation in Nearby Cities
How other cities in Palm Beach County handle home cultivation.