Florida remains a “no home grow” state for marijuana—whether for adult use or for medical use. In practical terms, that means a Florida medical marijuana card does not authorize patients (or caregivers) to cultivate cannabis plants at home, and there is no Clearwater-specific exception that changes that outcome.

Florida’s medical program is built around dispensary-only access

Florida’s medical marijuana framework is grounded in Article X, Section 29 of the Florida Constitution and implemented through section 381.986, Florida Statutes. Under this structure, “medical use” is defined in a way that ties legal access to marijuana obtained through the state’s licensed system. In the statute, “medical use” includes acquisition and possession authorized by physician certification—but it specifically does not include marijuana that was not purchased or acquired from a licensed Medical Marijuana Treatment Center (MMTC).

Florida’s own health agency guidance to patients and caregivers is even more direct: the Florida Department of Health’s Office of Medical Marijuana Use states that qualified patients or caregivers who cultivate marijuana violate Florida law, and it plainly notes that “Home grow is not permitted.”

Cultivation is treated as a criminal act under Florida drug law

Outside the MMTC system, marijuana cultivation is handled under Florida’s controlled substances laws. Florida statutes define “cultivating” broadly—covering preparing soil or a hydroponic medium, tending and care, and harvesting a controlled substance.

Florida law also makes it unlawful—except as authorized—to “sell, manufacture, or deliver,” or possess with intent to do so, controlled substances, which is the statutory backbone prosecutors use in cultivation and grow-house cases. The key takeaway for consumers is that a personal-use motive does not create a legal safe harbor for growing marijuana at home in Florida.

What Clearwater changes (and what it doesn’t)

Clearwater can pass local ordinances in areas like business regulation and zoning. However, local government cannot legalize what state law prohibits. While Clearwater may regulate where certain cannabis businesses can operate, home cultivation remains governed by Florida state law, and enforcement typically occurs through state statutes applied locally.

Policy watch: proposals are emerging, but they are not law

It’s worth watching Tallahassee, because lawmakers have floated proposals that would allow limited home cultivation for certain medical patients, often framed around plant limits and noncommercial use. However, unless and until such a bill becomes law or voters approve a constitutional change, the current rule for Florida—and Clearwater—is straightforward: no home grow.

Important note: This article is informational and not legal advice. For guidance on a specific situation, readers should consult a qualified Florida attorney.