Medical Marijuana Home Cultivation Would Be Legalized In Florida Under Senator’s New Bill

A Florida senator has introduced a new bill for the 2026 session that would
legalize home cultivation of marijuana for registered medical cannabis
patients in the state.

Sen. Carlos Smith (D) filed the legislation on Friday—one of the latest
attempts to give patients a home grow option that’s allowed under most
medical marijuana programs in other states across the country.

This latest measure would permit qualified patients who are at least 21
years old to cultivate up to six flowering plants for personal, therapeutic
use. Those patients could also buy seeds and clones from licensed
dispensaries.

“A qualified patient who cultivates cannabis shall ensure that the plants
are secured in a manner to prevent access by unauthorized persons,” the bill
text says. “The sale of patient-cultivated cannabis plants and products and
cultivation of cannabis by patients beyond the limits specified in this
section is subject to the penalties outlined” under existing law.

If enacted into law, the bill would become law on July 1, 2026. A similar
proposal was introduced at the beginning of this year by Sen. Joe Gruters
(R), who is now chairman of the Republican National Committee, but it did
not advance.

Gruters and Kim Rivers—the CEO of Trulieve, a medical marijuana company
that provided the bulk of funding for an unsuccessful cannabis legalization
ballot initiative last year—also met with Preident Donald Trump ahead of
his endorsement of the constitutional amendment, as well as federal
rescheduling and industry banking access.

Notably, Amendment 3 would not have legalized home cultivation of
marijuana—a detail seized on by some critics of the industry-backed
proposal.

The campaign behind that initiative, Smart & Safe Florida, recently said
it’s collected more than one million signatures to put a new version of the
legalization measure on the 2026 ballot—and so it voluntarily declined to
appeal a legal case in which a judge allowed state officials to invalidate
about 200,000 petitions over a largely procedural issue.

Smart & Safe filed a separate lawsuit with the state Supreme Court over
another issue last month, alleging that officials are violating election
laws by stalling a required review process for the measure without
justification. The state has since agreed to move forward with the
processing.

A federal judge in August separately delivered a win to the campaign—granting
“complete relief” from provisions of a law the governor signed to impose
other serious restrictions on signature gathering.

In March, meanwhile, two Democratic members of Congress representing
Florida asked the federal government to investigate what they described as
“potentially unlawful diversion” of millions in state Medicaid funds via a
group with ties to Gov. Ron DeSantis (R). The money was used to fight
against a citizen ballot initiative, vehemently opposed by the governor,
that would have legalized marijuana for adults.

The lawmakers’ letter followed allegations that a $10 million donation from
a state legal settlement was improperly made to the Hope Florida
Foundation, which later sent the money to two political nonprofits, which
in turn sent $8.5 million to a campaign opposing Amendment 3.

The governor said in February that the newest marijuana legalization
measure is in “big time trouble” with the state Supreme Court, predicting
it will be blocked from going before voters next year.

“There’s a lot of different perspectives on on marijuana,” DeSantis said.
“It should not be in our Constitution. If you feel strongly about it, you
have elections for the legislature. Go back candidates that you believe
will be able to deliver what your vision is on that.”

“But when you put these things in the Constitution—and I think, I mean, the
way they wrote, there’s all kinds of things going on in here. I think it’s
going to have big time trouble getting through the Florida Supreme Court,”
he said.

The latest initiative was filed with the secretary of state’s office just
months after the initial version failed during the November 2024
election—despite an endorsement from President Donald Trump.

Smart & Safe Florida is hoping the revised version will succeed in 2026.
The campaign—which in the last election cycle received tens of millions of
dollars from cannabis industry stakeholders, principally the multi-state
operator Trulieve—incorporated certain changes into the new version that
seem responsive to criticism opponents raised during the 2024 push.

For example, it now specifically states that the “smoking and vaping of
marijuana in any public place is prohibited.”Another section asserts that
the legislature would need to approve rules dealing with the “regulation of
the time, place, and manner of the public consumption of marijuana.”

Last year, the governor accurately predicted that the 2024 cannabis measure
from the campaign would survive a legal challenge from the state attorney
general. It’s not entirely clear why he feels this version would face a
different outcome.

While there’s uncertainty around how the state’s highest court will
navigate the measure, a poll released in February showed overwhelming
bipartisan voter support for the reform—with 67 percent of Florida voters
backing legalization, including 82 percent of Democrats, 66 percent of
independents and 55 percent of Republicans.


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In the background, a recent poll from a Trump-affiliated research firm
found that nearly 9 in 10 Florida voters say they should have the right to
decide to legalize marijuana in the state.

Meanwhile, a pro-legalization GOP state lawmaker recently filed a bill to
amend state law to codify that the public use of marijuana is prohibited.

Rep. Alex Andrade (R), the sponsor, said earlier this year that embracing
cannabis reform is a way for the Republican party to secure more votes from
young people.

Separately, Florida medical marijuana officials are actively revoking the
registrations of patients and caregivers with drug-related criminal records.
The policy is part of broad budget legislation signed into law earlier this
year by DeSantis. The provisions in question direct the state Department of
Health (DOH) to cancel registrations of medical marijuana patients and
caregivers if they’re convicted of—or plead guilty or no contest
to—criminal drug charges.

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Under Senator’s New Bill appeared first on Marijuana Moment.