Growing Marijuana in Florida Guide

Have you ever wondered about cannabis growing and consumption laws in Florida? While the Sunshine State may offer optimal conditions for certain strains, it is illegal to cultivate cannabis.

Here we look at how to grow marijuana in Florida, its legality, and recent developments in the law.

Whether you’re looking to start up a small indoor growing space or make use of Florida’s great outdoors, here’s everything you need to know.

Growing Weed Outdoors in Florida

Florida’s subtropical climate offers great potential for outdoor cannabis cultivation, thanks to its warmth and abundant sunlight. However, high humidity presents challenges like pests, mold, and mildew.

Regular crop inspections for yellowing or spotting can help prevent issues. To mitigate humidity, water early in the morning to allow soil to dry by evening and consider starting your planting season in March, Florida’s least humid month.

With little risk of frost after February, this is an ideal time to plant. A greenhouse setup can also help regulate moisture and temperature for healthier growth. Florida growers can choose regular, feminized, or autoflower seeds.

Autoflowers are ideal for beginners, thriving in the state’s sunshine without the care required by photoperiod strains.

Best strains to grow in Florida

Sativa strains and Sativa-dominant hybrids thrive in Florida’s climate, as they originated in similarly humid regions like South and Central America. Varieties such as Chocolope, Haze Feminized, and Blue Dream are well-suited for Florida’s outdoors.

Southern Florida’s tropical heat favors strains like Acapulco Gold, which excel in warm, humid environments. These strains are challenging to grow indoors without significant energy use but flourish naturally in Florida.

Northern Florida is slightly cooler but still humid, making it suitable for similar resilient strains.

Florida weed laws

Florida has some of the toughest cannabis laws in the country. As such, cannabis is illegal in Florida for recreational use, and legal for medicinal use, albeit with must-know restrictions.

These harsh laws date back to at least 1933 when a curious local murder case was used as propaganda in a campaign for cannabis prohibition. The individual involved, Victor Licata, suffered from psychosis possibly caused by schizophrenia, a condition that ran in his family.

After murdering his family with an axe, the case became a local sensation in the anti-drug movement. Licata's actual involvement with recreational drugs was anecdotal at best.

The results of this campaign have led to the long-term prohibition of cannabis across Florida. In 2014, the Compassionate Medical Cannabis Act was passed to allow for the use of low-THC medicinal cannabis for seriously ill patients.

This was pushed further in 2015 with the Right to Try Act, allowing physicians to prescribe low-THC cannabis to seriously ill patients as an "experimental medicine". Further steps have been made on the medical front, but none yet on recreational use.

As for growing marijuana, this is defined as possession in the eyes of Florida law under Section 893.13(1)(a). Despite these strict laws, there is growing public support for legalization.

A Public Policy Polling in 2021 saw that a majority of 59% are in favor of recreational legalization. Only 31% were not. What’s more, in 2016, 71% of the electorate voted to legalize medical marijuana across the state with no THC limitations.

While these polling numbers haven’t yet transformed into policy, the future looks bright.

Is weed legal in Florida or decriminalized?

No. Weed is not legal in Florida. Cultivation and possession are classed as third-degree felonies in many cases and can lead to jail time. Some more severe cases can even be charged as a second-degree felony.

In the last decade, Florida's law enforcement agencies have pursued more aggressive campaigns in tackling cultivation across the state. While these pertain to large-scale, illegal operations, any such scale is considered illegal under the eyes of the law.

The only exceptions have included medicinal use, but these have still gone to trial.

Even though cannabis is not legal to grow or consume in Florida, possession has been decriminalized in many cities and counties. The following have all introduced legislation to reduce arrests and issue civil citations for minor possession of up to 20 grams of cannabis:

• Alachua County
• Broward County
• Cocoa Beach
• Hallandale Beach
• Key West
• Miami-Dade County
• Miami Beach
• Orlando
• Osceola County
• Palm Beach County
• Port Richey
• Sarasota
• Tampa
• Volusia County
• West Palm Beach

Will Florida ever legalize (recreational) weed?

Maybe. There is certainly a rising public backing for the legalization of cannabis across the state in recreational, cultivation, and medicinal forms. All the draft bills and amendments submitted on the issue, however, have so far been blocked.

Most recently, the group Make it Legal Florida's proposal to allow Florida residents the right to possess and use up to 70 grams (2.5 oz) was squashed by the Supreme Court.

In the last three submitted cases, Florida’s Supreme Court stated a conflict with federal prohibition laws as the reason for their dismissal.

Gov. Ron DeSantis, in particular, opposes full legalization. While Republicans control Florida, it’s unlikely that change will happen quickly (if at all).

Still, the overwhelming success of other states and the economic benefits of new cannabis industries will likely place some stress on Florida.

What’s more, if cannabis is legalized on a federal level, it would be harder for Florida to resist legalization as its Supreme Court has leaned heavily into federal prohibition in its verdicts.

It is more likely at this stage that decriminalization becomes more widespread than cannabis being fully legalized in Florida.

Penalties

Florida’s possession laws are as follows

• Possession of up to 20 grams of cannabis is a misdemeanor punishable by up to 1 year in prison and a maximum fine of $1,000.
• Possession of 20 grams to 25 lbs of cannabis is a felony punishable by up to 5 years in prison and a maximum fine of $5,000.
• Possession of 25 to 2,000 lbs of cannabis is a felony punishable by up to 15 years in prison and a maximum fine of $25,000.
• Possession of 2,000 to 10,000 lbs of cannabis is a felony punishable by up to 30 years in prison and a maximum fine of $50,000.
• Possession of over 10,000 lbs of cannabis is a felony punishable by up to 30 years in prison and a maximum fine of $200,000.

Florida medical cannabis

Florida moved to legalize medical marijuana in 2014. It was a hard and long-fought route for many to get to this stage. Still, there are remaining hurdles and limitations to medical marijuana in Florida, as we’ll see below.

Is it legal to grow (medical) marijuana in Florida?

No. It is legal to possess medical marijuana in Florida, but not to grow it (in most cases). There are many caveats and limitations, however, on what constitutes medical marijuana and where you can buy it.

Medical marijuana in Florida must contain a low-THC level of 0.8% or less and no more than 10% CBD. Patients may not hold more than 70 days’ worth of cannabis prescriptions at any time.

All medical marijuana should remain in its original packaging, and you cannot possess more than 4 ounces at any one time.

It is technically illegal for medical patients to grow their own crops at home. In a rare exception, a 2018 hearing ruled in favor of a 77-year-old lung cancer patient growing their own cannabis for a juicing regiment.

This is an outlier, however, as similar cases have been overruled by Florida’s Department of Health.

Do I need a license or medical card?

Yes. To qualify for medical marijuana, you must be a resident of Florida and be diagnosed with a qualifying condition. At the moment, the following conditions are eligible for marijuana administration:

• Amyotrophic lateral sclerosis
• Cancer
• Crohn's disease
• Epilepsy
• Glaucoma
• HIV/AIDS
• Multiple sclerosis
• Parkinson's disease
• Post-traumatic stress disorder
• Comparable conditions, both terminal and non-terminal, on a qualified physician’s advice

Patients are given Registry Identification Cards that allow them to purchase marijuana at a Medical Marijuana Treatment Center (MMTC). As well as purchasing in-person at a center, you can also book deliveries online across Florida.

How to apply for medical marijuana in Florida?

To apply for medical marijuana, you must first be diagnosed by a qualified physician. If patients are under 18 years old or terminally ill, a diagnosis must also be confirmed by a second physician.

Your physician then enters your personal information into the Florida registry to approve orders. The Office of Medical Marijuana Use (OMMU) then confirms your details via email, issuing an ID number and registry card.

The fee for this application is $75. Upon approval, you can then order marijuana as you choose from an MMTC. At the moment, the card allows you to purchase a 35-day supply of smokable cannabis or a 70-day supply of edibles, oils, or other cannabis forms.

Grow weed in Florida with Cannabis Seeds from Weedseedsexpress

Florida may well boast an astounding climate for growing healthy outdoor Sativas, but local laws have still got a long way to go.