Growing marijuana in Florida is a felony, and there is no small-plant exception. Cultivating any amount is a third-degree felony under Florida Statute 893.13(1)(a)2, which carries up to five years in prison and a $5,000 fine. Florida Statute 893.02(15) defines manufacture to include cultivating and growing, so tending a single plant is enough to charge the offense.
The charge gets worse as the plant count rises. At 25 plants the state can treat the grow as a second-degree felony, and at 300 plants it becomes trafficking in cannabis with a mandatory minimum prison term. Medical marijuana is legal in Florida for registered patients, but patients still may not grow their own. Here is how each tier works.
Understanding Marijuana Laws in Florida
Cannabis is a Schedule I controlled substance in Florida under Florida Statute 893.03(1)(c)7. Florida Statute 893.03(1) defines a Schedule I substance as one with a high potential for abuse and no currently accepted medical use in treatment in the United States. That classification is what sets the penalty tiers below, and it is a state classification, not only a federal one.
Growing fewer than 25 plants is a third-degree felony under Florida Statute 893.13(1)(a)2, punishable by up to five years in prison and a fine of up to $5,000 under Florida Statutes 775.082(3)(e) and 775.083(1)(c).
At 25 plants the exposure changes. Florida Statute 893.1351(4) makes possession of 25 or more cannabis plants prima facie evidence that the cannabis is intended for sale or distribution. That evidence supports a charge under Florida Statute 893.1351(2), possessing a place or structure knowing it will be used to manufacture a controlled substance for sale or distribution, which is a second-degree felony carrying up to 15 years in prison and a $10,000 fine.
Amendment 2 and Medical Marijuana
Amendment 2, passed in 2016, legalized medical marijuana in Florida. It allows patients with qualifying conditions to use medical marijuana with a doctor's recommendation. Despite this amendment, the cultivation of marijuana outside of licensed medical facilities remains illegal.
Patients must obtain their marijuana from a state-approved medical marijuana treatment center (MMTC). Growing marijuana at home, even for medical purposes, is still prohibited and can lead to felony charges under Florida law.
A minor at the grow raises the charge again. Under Florida Statute 893.1351(3), a person who possesses a place used to manufacture a controlled substance for sale or distribution and who knew or should have known that a minor is present or resides there commits a first-degree felony, punishable by up to 30 years in prison.
Penalties for Marijuana Cultivation
Florida grades cultivation by plant count:
- Fewer than 25 plants: third-degree felony, up to five years and a $5,000 fine, Florida Statute 893.13(1)(a)2.
- 25 or more plants: second-degree felony, up to 15 years and a $10,000 fine, Florida Statute 893.1351(2) read with 893.1351(4).
- 300 or more plants: trafficking in cannabis, a first-degree felony under Florida Statute 893.135(1)(a).
The trafficking tier is where mandatory minimums start. Florida Statute 893.135(1)(a)1 sets a three-year mandatory minimum and a $25,000 fine for 300 to 2,000 plants. Florida Statute 893.135(1)(a)2 sets seven years and a $50,000 fine for 2,000 to 10,000 plants, and 893.135(1)(a)3 sets 15 years and a $200,000 fine at 10,000 plants or more. A judge cannot sentence below a mandatory minimum.
Legal Implications and Enforcement
A cultivation case usually starts with a search of a home or outbuilding, so the legality of that search often decides the case. Where the grow was, who had access to it and how officers got inside matter as much as the plant count.
Law Enforcement and Warrants
Law enforcement in Florida takes marijuana cultivation very seriously. Illegal cultivation activities can result in significant resources being dedicated to investigations. Officers often use warrants to legally search properties suspected of harboring illegal marijuana plants.
Obtaining a warrant requires probable cause and approval from a judge. This process involves detailed surveillance and information gathering. Once a warrant is issued, law enforcement can enter and inspect the property in question, looking for evidence of illegal activity.
Special Considerations in Marijuana Cases
Growing marijuana in Florida involves significant legal repercussions, especially when minors and school zones are involved or when cultivation occurs for medical purposes.
Impact on Minors and School Zones
Growing cannabis within 1,000 feet of a protected place raises a third-degree felony to a second-degree felony. Florida Statute 893.13(1)(c) covers a child care facility or a public or private elementary, middle or secondary school between 6 a.m. and midnight, and covers a state, county or municipal park, a community center or a publicly owned recreational facility at any hour. Florida Statute 893.13(1)(d) covers a college, university or other postsecondary institution, and 893.13(1)(e) covers a place of worship or a convenience business.
The 1,000 feet is measured from the real property line, not from the building, so a grow can fall inside a zone without being anywhere near the school itself. Using anyone under 18 in the operation is charged separately under Florida Statute 893.13(4).
Cannabis Cultivation by Medical Marijuana Patients
A Florida medical marijuana card does not allow you to grow. Florida Statute 381.986(12)(d) says a qualified patient or caregiver who cultivates marijuana, or who buys it from anyone other than a medical marijuana treatment center, violates Florida Statute 893.13 and faces the penalties in that section. Article X, Section 29(c)(2) of the Florida Constitution says the medical marijuana amendment does not affect or repeal the laws on non-medical production of marijuana.
A licensed medical marijuana treatment center is the only lawful source. Under Florida Statute 381.986(12)(f) the Department of Health may also revoke the registration of a patient or caregiver who cultivates marijuana, so a home grow can cost the card and produce a felony charge at the same time.
Advocacy and Legal Reform
Recreational marijuana is not legal in Florida. Campaigns to change that run through the citizen initiative process in Article XI, Section 3 of the Florida Constitution, which puts a proposed amendment on the general election ballot.
Smart & Safe Florida, a political committee registered with the Florida Division of Elections, sponsored the adult use initiative that appeared on the November 2024 ballot as Amendment 3.
Is recreational marijuana legal in Florida?
No. The only marijuana provision in the Florida Constitution is Article X, Section 29, the medical marijuana amendment adopted in 2016. Amendment 3, the 2024 adult use proposal, did not reach the 60 percent approval that Article XI, Section 5(e) requires, so it never became part of the constitution. Growing, selling or possessing marijuana outside the medical program is still an offense under Florida Statute 893.13.
Were You Charged With A Marijuana Crime In Florida?
If you’ve been charged with a marijuana-related crime in Florida, you need to speak with an experienced defense attorney about your charges as soon as possible. Even though marijuana may be recreationally legal in other states, Florida takes marijuana charges very seriously.
The criminal defense lawyers at the Weinstein Legal Team are available any time of day to discuss your charges, and your case review is always free. Click here to schedule a free consultation with an experienced criminal defense lawyer, or give us a call at 888.626.1108 to speak with a lawyer now.
