Florida Statewide Rule
Florida Bans Home Cannabis Cultivation Statewide
Key Facts
- Cultivation Statute
- Fla. Stat. 893.13
- Medical Statute
- Fla. Stat. 381.986
- Home Grow
- Illegal - all uses
- Felony Threshold
- Any plant count
Summary
Florida prohibits home cultivation of cannabis for both recreational and medical use; only state-licensed Medical Marijuana Treatment Centers may grow cannabis.
(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.
Full Breakdown
Florida has not legalized recreational marijuana. Under Fla. Stat. 893.13, cultivation of cannabis remains a third-degree felony for less than 25 plants and a second-degree felony for 25 or more. The Medical Marijuana Use Registry program under Fla. Stat. 381.986 does not authorize patients or caregivers to grow cannabis at home; only Medical Marijuana Treatment Centers (MMTCs) licensed by the Department of Health may cultivate. This blanket prohibition applies uniformly statewide and cannot be loosened by local governments.
Violations & Penalties
Cultivation of any amount is a felony. Less than 25 plants: up to 5 years prison and $5,000 fine. 25+ plants: up to 15 years prison and $10,000 fine. Cultivation in a structure where minors reside is enhanced.
Frequently Asked Questions
Can medical marijuana patients grow cannabis at home in Florida?
Can a Florida city allow home cannabis cultivation?
Sources
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