Currently in Florida, the only way to legally grow cannabis is to own a Medical Marijuana Treatment Center, of which there are only 27 operating in the state.

However, under a new legislative proposal filed in the Florida Senate on Friday, state residents who qualify as medical marijuana patients would be able to cultivate up to two cannabis plants at their residences for personal consumption.

The sponsor is Republican Sen. Joe Gruters, chairman of the Committee on Regulated Industries.

The bill’s arrival comes as Smart & Safe Florida, the organization that attempted to pass a measure last year to legalize recreational cannabis use by adults, has begun collecting signatures to mount a similar effort in 2026.

One of the arguments made against last year’s effort by Gov. Ron DeSantis and his staff was that the measure did not allow for “home grow,” or the ability for individuals to cultivate their own supplies of marijuana. The passage of this bill would negate that argument. 

Of the 24 states that have legalized the adult-use marijuana market, only three maintain criminal prohibitions on home cultivation, according to the National Organization for the Reform of Marijuana Laws (NORML). A number of cannabis activists have called for allowing home grow ever since voters approved medical marijuana in Florida in 2016, but those efforts have gone nowhere.

Litigation

In 2018, Tampa adult club entrepreneur Joe Redner filed a lawsuit in state court arguing he should be able to grow marijuana to obtain a sufficient quality of specific cannabinoids that he needed to treat his diagnosis of stage 4 lung cancer, according to court documents.

A Leon County circuit judge ruled that he should be able to do so, but the Florida Department of Health turned to the First District Court of Appeal, which blocked the circuit judge’s ruling from taking effect. The Florida Supreme Court declined to take the case up in November 2019.

While Gruter’s bill would allow a qualified medical marijuana patient to grow up to two cannabis plants at his or her home, it only allows for two cannabis plants to be cultivated in a single residence, regardless of the number of qualified patients who reside there.

That’s a problem, say some cannabis advocates.

“Two plants for multiple patients? The math is not mathing,” said Chris Cano, executive director of the Suncoast Chapter of the NORML.

“Elected officials need to address the chronic debilitating conditions of medical cannabis patients in a serious manner. Clearly, the good senator is no expert on the needs of a truly sick patient or the amount of cannabis one needs to consume when suffering.”

Michael Minardi, a Tampa-based attorney who works on marijuana issues, also takes exception  with the limitation of two cannabis plants in a single residence.

“It’s a start, but two plants is not sufficient for someone to be able to have an adequate supply for themselves, never mind multiple patients in the same household,” he says.

In addition, the proposal says the cannabis plants may not be cultivated in a location subject to public view, including from another property, without the use of binoculars, aircraft, or other special aids.

For renters, the applicant must provide documentation showing the property owner approves of the plants in their dwelling.

The bill also says that the cannabis plants must be placed in an enclosed, locked space to prevent access by unauthorized persons and individuals under 21 years of age. Anyone found guilty of violating the law could face up to one year in jail and a fine of up to $1,000.

‘Big Marijuana’

Last year’s proposed constitutional amendment to allow the adult use of recreational cannabis received 56% support in Florida, a clear majority but short of the 60% threshold required for passage. As a way to discourage cannabis advocates from supporting the measure, the DeSantis administration criticized it as an instrument of “Big Marijuana,” calling out Trulieve, the state’s biggest marijuana company, which largely bankrolled the measure.

Christina Pushaw, who works in the executive office of the governor, wrote last August on X, “Amendment 3 would create a monopoly on recreational,” adding, “It also doesn’t allow home growing. Why is it that other states that have passed recreational marijuana also allow individuals to home grow, but Florida’s Amendment 3 specifically does NOT? It’s not about ‘freedom,’ it’s corporate greed.”

That prompted Kim Rivers, CEO of Trulieve to respond by saying, “Great news — it looks like @GovRonDeSantis supports home grow in Florida per his spokesperson!”

“[T]his is absolutely something we can support via implementation in the legislature and with the Governors support we can get it done!” she added.

Whether the governor will support it during the 2025 legislative session will be answered when the session begins next month.