Florida Senate - 2025 SB 546
By Senator Gruters
22-01389-25 2025546__
1 A bill to be entitled
2 An act relating to home cultivation of marijuana;
3 amending s. 381.986, F.S.; conforming a cross
4 reference; authorizing certain qualified patients to
5 apply to the Department of Agriculture and Consumer
6 Services for a certificate to cultivate up to two
7 cannabis plants for personal consumption; requiring
8 the department to adopt rules related to such
9 certificates, including rules for inspection and
10 registration of each cannabis plant; requiring an
11 applicant to provide certain documentation if he or
12 she is leasing a residence; providing that no more
13 than two cannabis plants may be cultivated at a single
14 residence regardless of the number of eligible
15 qualified patients who reside there; specifying
16 limitations on and requirements for the cultivation of
17 cannabis plants for personal use; providing criminal
18 penalties; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Present subsections (10) through (17) of section
23 381.986, Florida Statutes, are redesignated as subsections (11)
24 through (18), respectively, a new subsection (10) is added to
25 that section, and paragraph (f) of subsection (4) of that
26 section is amended, to read:
27 381.986 Medical use of marijuana.—
28 (4) PHYSICIAN CERTIFICATION.—
29 (f) A qualified physician may not issue a physician
30 certification for more than three 70-day supply limits of
31 marijuana or more than six 35-day supply limits of marijuana in
32 a form for smoking. The department shall quantify by rule a
33 daily dose amount with equivalent dose amounts for each
34 allowable form of marijuana dispensed by a medical marijuana
35 treatment center. The department shall use the daily dose amount
36 to calculate a 70-day supply.
37 1. A qualified physician may request an exception to the
38 daily dose amount limit, the 35-day supply limit of marijuana in
39 a form for smoking, and the 4-ounce possession limit of
40 marijuana in a form for smoking established in paragraph (15)(a)
41 (14)(a). The request must shall be made electronically on a form
42 adopted by the department in rule and must include, at a
43 minimum:
44 a. The qualified patient’s qualifying medical condition.
45 b. The dosage and route of administration that was
46 insufficient to provide relief to the qualified patient.
47 c. A description of how the patient will benefit from an
48 increased amount.
49 d. The minimum daily dose amount of marijuana that would be
50 sufficient for the treatment of the qualified patient’s
51 qualifying medical condition.
52 2. A qualified physician must provide the qualified
53 patient’s records upon the request of the department.
54 3. The department shall approve or disapprove the request
55 within 14 days after receipt of the complete documentation
56 required by this paragraph. The request is shall be deemed
57 approved if the department fails to act within this time period.
58 (10) HOME CULTIVATION.—
59 (a) A qualified patient who is at least 21 years of age may
60 apply to the Department of Agriculture and Consumer Services for
61 a certificate authorizing the qualified patient to cultivate up
62 to two cannabis plants at his or her residence for personal
63 consumption. The Department of Agriculture and Consumer Services
64 shall adopt rules pursuant to ss. 120.536(1) and 120.54
65 establishing procedures for the issuance, renewal, suspension,
66 replacement, surrender, and revocation of such certificates,
67 including rules providing for the inspection and registration of
68 each cannabis plant by the Department of Agriculture and
69 Consumer Services. For any residence that is leased, the
70 certificate applicant must provide documentation demonstrating
71 that the property owner consents to marijuana cultivation on the
72 property. No more than two cannabis plants may be cultivated at
73 a single residence, regardless of the number of qualified
74 patients 21 years of age who reside there.
75 (b) Cannabis plants may not be cultivated in a location
76 where the plants are subject to public view, including a view
77 from another private property, without the use of binoculars,
78 aircraft, or other special aids.
79 (c) A qualified patient who cultivates cannabis shall
80 ensure the plants are located in an enclosed, locked space to
81 prevent access by unauthorized persons and persons younger than
82 21 years of age. The use of cannabis cultivated for personal
83 consumption is subject to the limitations on use or
84 administration of marijuana as specified in subparagraph
85 (1)(k)5.
86 (d) A person who violates this subsection commits a
87 misdemeanor of the first degree, punishable as provided in s.
88 775.082 or s. 775.083.
89 Section 2. This act shall take effect July 1, 2025.