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

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

Key Facts

Home Cultivation
Prohibited in all of Florida
Criminal Penalty
Third-degree felony, up to 5 years
Medical Patients
Cannot grow, must purchase from MMTCs
Trafficking Threshold
25+ plants triggers mandatory minimums

Summary

Home cultivation of cannabis is illegal in Florida regardless of medical marijuana patient status. Florida's medical marijuana program under Amendment 2 and Florida Statute 381.986 authorizes only licensed Medical Marijuana Treatment Centers (MMTCs) to cultivate cannabis. Growing cannabis plants at home may result in felony drug charges under Florida Statute 893.

(b)1.  A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2.  A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465.

Source: Florida Statute 381.986 - Medical MarijuanaView official code

Full Breakdown

Home cultivation of cannabis is prohibited in North Miami and throughout the state of Florida. 986, authorizes only licensed Medical Marijuana Treatment Centers (MMTCs) to cultivate, process, and dispense medical marijuana products. Qualified patients with a valid Medical Marijuana Use Registry identification card may purchase and possess approved forms of medical marijuana from licensed MMTCs but may not grow cannabis plants at home. 13, which is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Possession of 25 or more plants may trigger trafficking charges with mandatory minimum sentences.

North Miami has no local ordinance authorizing or permitting home cultivation, and any such local ordinance would be preempted by state law. Even CBD hemp cultivation for personal use requires a Florida Department of Agriculture hemp cultivation license, which is limited to commercial agricultural operations.

Violations & Fines

Growing any cannabis plants at home is a third-degree felony under Florida Statute 893.13, carrying up to 5 years imprisonment and $5,000 fine. Possession of 25 or more plants may constitute trafficking with mandatory minimum prison sentences of 3-15 years depending on quantity.

Frequently Asked Questions

Can I grow cannabis at home in North Miami with a medical card?
No. Florida law prohibits home cultivation of cannabis regardless of medical marijuana patient status. Only licensed Medical Marijuana Treatment Centers may cultivate cannabis. Patients must purchase approved products from licensed dispensaries.
What are the penalties for growing cannabis at home in North Miami?
Growing any cannabis plants is a third-degree felony under Florida Statute 893.13, punishable by up to 5 years in prison and a $5,000 fine. Possession of 25 or more plants may trigger trafficking charges with mandatory minimum sentences.
Can North Miami pass a local law allowing home cultivation?
No. Cannabis regulation is preempted by state law under Florida Statute 381.986. Municipalities cannot authorize activities that are prohibited under state criminal statutes.

Sources & Official References

Other rules in North Miami

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