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