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Tampa, FL Cannabis Regulations: Personal Cultivation Limits (2026)

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

Key Facts

Home grow
Prohibited statewide
Medical patient grow
Not allowed
Statute
FL §893.13
Plant count threshold
25 plants
Mandatory minimum
300+ plants

Summary

Florida prohibits all personal cannabis cultivation, including for registered medical patients. Only state-licensed MMTCs may grow cannabis. Tampa enforces state law; home grows are felony cultivation under FL §893.13.

893.13 Prohibited acts; penalties. — (1)(a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [...] (6)(a) A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. A person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Source: Florida Statute 893.13View official code

Full Breakdown

Florida is one of the strictest medical cannabis states on home cultivation. Even patients on the Medical Marijuana Use Registry under FL §381.986 cannot grow their own plants: all medical product must come from a vertically integrated MMTC. Florida Statute §893.13(1)(a) makes cultivation of any amount a third-degree felony, escalating to first-degree if 25 or more plants are present, with mandatory minimum sentences for 300+ plants. Hemp grown under FL §581.217 (the state hemp program) requires a Department of Agriculture license and cannot exceed 0.3% delta-9 THC. Tampa Police enforce these state rules; no city ordinance softens them. Amendment 3, which would have legalized recreational use, did not include a home-grow allowance and failed in November 2024.

Violations & Fines

Cultivation under 25 plants is a third-degree felony (up to 5 years prison). 25-plus plants is a first-degree felony with mandatory minimums escalating with plant count.

Frequently Asked Questions

Can a Florida medical marijuana patient grow at home?
No. Unlike many medical states, Florida bars all patient cultivation. Product must be purchased from a state-licensed MMTC dispensary or delivery service.
Did Amendment 3 legalize home grow?
No, and it didn't pass anyway. The 2024 ballot measure would have legalized adult-use possession but did not include a home cultivation right. It received 55.9% (60% needed).

Sources & Official References

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