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.
Home cultivation of cannabis is prohibited in North Miami and throughout the state of Florida. Florida's medical marijuana program, established by Amendment 2 (2016) and codified in Florida Statute 381.986, 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. Possession of cannabis plants constitutes manufacturing of a controlled substance under Florida Statute 893.13, 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.
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.
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