Florida Bans Home Cannabis Cultivation Statewide

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.

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.