Hillsborough County, FL Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Governing law
- Fla. Stat. § 381.986(11)(d), Medical Use of Marijuana Act
- Home cultivation
- Prohibited for all patients and caregivers statewide
- Cross-referenced penalty
- Violates F.S. § 893.13, controlled-substance manufacturing statute
- School buffer
- MMTC cultivation facility must sit 500+ feet from schools
- Public-use penalty
- First-degree misdemeanor under F.S. §§ 775.082, 775.083
- County authority
- Preempted; county cannot permit home grows
- Local possession rule
- County cites 20g-or-less possession civilly under Sec. 36-538
Summary
Florida law, not county code, controls this: Fla. Stat. § 381.986(11) preempts cultivation regulation entirely to the state, and paragraph (d) makes it a violation for any registered patient or caregiver in Hillsborough County to grow marijuana instead of buying it from a licensed medical marijuana treatment center, with no local exception.
(11) PREEMPTION.—Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. ... (c) A qualified patient who uses marijuana, not including low-THC cannabis, or a caregiver who administers marijuana, not including low-THC cannabis, in plain view of or in a place open to the general public; in a school bus, a vehicle, an aircraft, or a boat; or on the grounds of a school except as provided in s. 1006.062, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (d) A qualified patient or caregiver who cultivates marijuana or who purchases or acquires marijuana from any person or entity other than a medical marijuana treatment center violates s. 893.13 and is subject to the penalties provided therein.
Full Breakdown
Hillsborough County has no cultivation ordinance of its own because Florida keeps that authority in Tallahassee. Fla. ' Paragraph (d) extends that reach to patients and caregivers themselves: 'A qualified patient or caregiver who cultivates marijuana or who purchases or acquires marijuana from any person or entity other than a medical marijuana treatment center violates s. 13. 083, for a patient or caregiver to use or administer marijuana in plain view of the public, in a vehicle, aircraft, boat or school bus, or on school grounds.
Paragraph (a) keeps any licensed cultivation or processing facility at least 500 feet from an elementary, middle or secondary school. None of this leaves the Board of County Commissioners room to legislate around it; the statute removes that authority outright. The county's own Article VIII cannabis ordinance, Code of Ordinances Sec. 36-538, only touches simple possession of 20 grams or less, treating it as a civil code violation rather than an arrest. That local leniency does not extend to growing the plant, which remains a state criminal matter enforced by the Hillsborough County Sheriff's Office and prosecuted under Chapter 893, Florida Statutes.
Violations & Fines
Cultivating marijuana outside a licensed medical marijuana treatment center violates F.S. § 381.986(11)(d), which routes the offense to F.S. § 893.13, Florida's controlled-substance manufacturing statute, exposing a patient or caregiver to criminal prosecution rather than a county civil fine. Using or smoking marijuana in public, in a vehicle, or on school grounds is a separate first-degree misdemeanor under paragraph (c), punishable under F.S. §§ 775.082 or 775.083. State law enforcement, not Hillsborough County code enforcement, handles both.
Frequently Asked Questions
Can a Hillsborough County medical marijuana patient grow their own plants at home?
Does the county's cannabis ordinance allow cultivation since it decriminalized small possession?
What happens if a caregiver grows marijuana instead of buying from a dispensary?
Can I use marijuana in public or in my car in Hillsborough County?
Sources & Official References
Other rules in Hillsborough County
Florida rules heatmap·Compare Hillsborough County to another location·View the Florida cannabis regulations overview
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