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Miami Beach, FL Cannabis Regulations: Home Cultivation (2026)

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

Key Facts

Home Cultivation
Illegal - no exceptions
Medical Only
FL Statute 381.986
Purchase From
Licensed MMTCs only
Growing Penalty
Felony - up to 5+ years
Recreational
Not legal in Florida

Summary

Home cultivation of cannabis is illegal in Miami Beach and throughout Florida. Florida law only permits medical marijuana through licensed Medical Marijuana Treatment Centers (MMTCs). Patients with valid medical marijuana cards may possess and use approved products but cannot grow cannabis plants at home.

“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 381.986 - Medical Use of MarijuanaView official code

Full Breakdown

Florida has not legalized home cultivation of cannabis for any purpose. Under Florida Statute 381.986, only licensed Medical Marijuana Treatment Centers (MMTCs) may cultivate, process, and dispense medical cannabis. Patients with a valid Medical Marijuana Use Registry identification card issued by the Florida Department of Health may purchase and possess approved cannabis products from licensed dispensaries only. Growing cannabis plants at home, even by qualified patients, is a criminal offense under Florida law. Possession of cannabis plants constitutes manufacturing under Florida Statute 893.13, which carries felony penalties. Miami Beach enforces state cannabis laws through the Miami Beach Police Department. The 2024 Amendment 3 recreational marijuana ballot initiative did not pass, leaving Florida's medical-only framework intact. Local ordinances do not provide any additional protections or allowances for home cultivation.

Violations & Fines

Home cultivation of cannabis is a felony in Florida. Growing 25 or fewer plants is a third-degree felony punishable by up to 5 years in prison and $5,000 fine. Growing more than 25 plants is a second-degree felony with up to 15 years imprisonment.

Frequently Asked Questions

Can I grow marijuana at home in Miami Beach with a medical card?
No. Florida law prohibits all home cultivation of cannabis, even for medical marijuana cardholders. You may only obtain cannabis products from licensed Medical Marijuana Treatment Centers.
What happens if I get caught growing cannabis in Miami Beach?
Growing cannabis plants is a felony in Florida. Cultivation of 25 or fewer plants is a third-degree felony with up to 5 years in prison and a $5,000 fine. Larger operations carry second-degree felony charges.
Is recreational marijuana legal in Miami Beach?
No. Florida has not legalized recreational marijuana. Only patients with valid Medical Marijuana Use Registry cards can purchase and possess approved medical cannabis products from licensed dispensaries.

Sources & Official References

Other rules in Miami Beach

All Miami Beach rules

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Home Cultivation in Nearby Cities

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