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.
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.
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.
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Side-by-side rule comparisons with other cities in Palm Beach County.
See how other cities in Palm Beach County handle home cultivation.
See how Delray Beach's home cultivation rules stack up against other locations.
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