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