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Volusia County, FL Cannabis Regulations: Home Cultivation (2026)

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

Key Facts

Legal Status
Prohibited for all
State Law
FL §381.986, §893.13
Medical Patients
Cannot grow at home
Supply
MMTCs only
Hemp
Legal under 0.3% THC

Summary

Florida prohibits all home cultivation of cannabis, including for medical patients, under FL §381.986. Only licensed Medical Marijuana Treatment Centers (MMTCs) may grow. Possession for cultivation remains a felony in Volusia County.

These county ordinances apply to unincorporated areas of Volusia County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(c)  The department may suspend or revoke the registration of a qualified patient or caregiver if the qualified patient or caregiver: 1.  Provides misleading, incorrect, false, or fraudulent information to the department; 2.  Obtains a supply of marijuana in an amount greater than the amount authorized by the physician certification; 3.  Falsifies, alters, or otherwise modifies an identification card; 4.  Fails to timely notify the department of any changes to his or her qualified patient status; or 5.  Violates the requirements of this section or any rule adopted under this section. (d)  The department shall immediately suspend the registration of a qualified patient charged with a violation of chapter 893 until final disposition of the alleged offense. Based upon such final disposition, the department may extend the suspension, revoke the registration, or reinstate the registration. However, the department must revoke the registration of the qualified patient upon such final disposition if the qualified patient was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, a violation of chapter 893 if such violation was for trafficking in; the sale, manufacture, or delivery of; or possession with intent to sell, manufacture, or deliver a controlled substance. If such person wishes to seek reinstatement of his or her registration as a qualified patient, the person may submit a new application accompanied by a notarized attestation by the applicant that he or she has completed all terms of incarceration, probation, community control, or supervision related to the offense. A person who knowingly makes a false attestation under this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . (e)  The department shall immediately suspend the registration of a caregiver charged with a violation of chapter 893 until final disposition of the alleged offense. The department must revoke the registration of the caregiver upon such final disposition if the caregiver was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, a violation of chapter 893 if such violation was for trafficking in; the sale, manufacture, or delivery of; or possession with intent to sell, manufacture, or deliver a controlled substance. If such person wishes to seek reinstatement of his or her registration as a caregiver, the person may submit a new application accompanied by a notarized attestation by the applicant that he or she has completed all terms of incarceration, probation, community control, or supervision related to the offense. A person who knowingly makes a false attestation under this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . Additionally, the department must revoke a caregiver registration if the caregiver does not meet the requirements of subparagraph (6)(b)6. (f)  The department may revoke the registration of a qualified patient or caregiver who cultivates marijuana or who acquires, possesses, or delivers marijuana from any person or entity other than a medical marijuana treatment center. (g)  The department shall revoke the registration of a qualified patient, and the patient’s associated caregiver, upon notification that the patient no longer meets the criteria of a qualified patient. (h)  The department may adopt rules pursuant to ss. 120.536 (1) and 120.54 to implement this subsection.

Full Breakdown

Home cultivation of cannabis is illegal in Florida for all residents, including registered medical marijuana patients. 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. 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). 217 and the 2018 federal Farm Bill, but visual identification challenges make residential hemp growing risky.

Violations & Fines

Growing 1-24 plants: 3rd-degree felony, up to 5 years prison, $5,000 fine. 25+ plants: 2nd-degree felony, up to 15 years. 300+ plants: trafficking, mandatory 3+ years. Federal charges possible for interstate activity.

Frequently Asked Questions

I have a medical card. Can I grow my own cannabis in Volusia?
No. Florida's medical cannabis law (FL §381.986) explicitly prohibits home cultivation even for registered patients. You must purchase from licensed MMTCs/dispensaries.
Is hemp growing legal in my Deltona backyard?
Legal hemp requires a Florida Department of Agriculture hemp program license and cultivars under 0.3% THC. Unlicensed hemp growing risks prosecution due to visual confusion with marijuana.

Sources & Official References

Other rules in Volusia County

All Volusia County rules

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