Florida Senate - 2026 SB 776
By Senator Smith
17-00172B-26 2026776__
1 A bill to be entitled
2 An act relating to home cultivation of marijuana;
3 amending s. 604.71, F.S.; authorizing certain
4 qualified patients to cultivate up to six flowering
5 cannabis plants for personal consumption and
6 noncommercial purposes; authorizing certain qualified
7 patients to purchase medical marijuana seeds and
8 clones from a licensed medical marijuana treatment
9 center; requiring a qualified patient who cultivates
10 cannabis to take specified precautions; providing that
11 the personal consumption of cannabis cultivated at a
12 qualified patient’s residence is subject to specified
13 limitations; providing for penalties; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsections (5) through (8) are added to section
19 604.71, Florida Statutes, to read:
20 604.71 Local regulation of vegetable gardens.—
21 (5) A qualified patient as defined in s. 381.986 who is at
22 least 21 years of age may cultivate up to six flowering cannabis
23 plants at his or her residence for personal consumption and
24 noncommercial purposes.
25 (6) A qualified patient as defined in s. 381.986 who is at
26 least 21 years of age may purchase medical marijuana seeds and
27 clones from a licensed medical marijuana treatment center.
28 (7) A qualified patient who cultivates cannabis shall
29 ensure that the plants are secured in a manner to prevent access
30 by unauthorized persons. The personal consumption of cannabis
31 cultivated at a qualified patient’s residence is subject to the
32 limitations on medical use or administration of marijuana as
33 specified in s. 381.986(1)(k).
34 (8) The sale of patient-cultivated cannabis plants and
35 products and cultivation of cannabis by patients beyond the
36 limits specified in this section is subject to the penalties
37 outlined chapter 893.
38 Section 2. This act shall take effect July 1, 2026.