Residents of Fort Myers, Florida, are prohibited from cultivating cannabis plants at home, even for medical purposes. Florida law restricts cannabis cultivation to licensed Medical Marijuana Treatment Centers (MMTCs), and unauthorized home cultivation remains illegal.
Current Legal Status
Florida’s medical marijuana program, established in 2016, allows patients with qualifying conditions to obtain cannabis products from state-licensed dispensaries. However, the law does not permit patients to grow their own cannabis plants. Unauthorized cultivation is considered a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Proposed Legislative Changes
In early 2025, State Senator Joe Gruters introduced Senate Bill 546, aiming to allow qualified medical marijuana patients to cultivate up to two cannabis plants at home for personal use. Under this proposal, patients would need to obtain a “cultivation certificate” from the Florida Department of Agriculture and Consumer Services. The bill stipulates that no more than two plants could be cultivated per residence, regardless of the number of eligible patients living there.
Despite its introduction, SB 546 has not advanced in the legislative process. As of March 4, 2025, the bill was introduced in the Senate but has not been assigned to a committee for further consideration.
Factors Influencing the Debate
The push for home cultivation rights has been met with mixed reactions. Advocates argue that allowing patients to grow their own cannabis would provide more affordable and accessible treatment options. However, some industry stakeholders express concerns about potential competition and the challenges of regulating home-grown cannabis.
Additionally, a 2024 ballot initiative, Amendment 3, sought to legalize recreational marijuana use for adults in Florida. While the amendment received 56% support, it fell short of the 60% supermajority required for adoption. Notably, the amendment did not include provisions for home cultivation, leading to criticism that it favored established cannabis businesses over individual rights.
Future Outlook
While home cultivation of cannabis remains illegal in Fort Myers and throughout Florida, the introduction of SB 546 indicates a growing interest in revisiting this policy. The bill’s progress will depend on legislative priorities and public support. Patients and advocates are encouraged to stay informed and engage with lawmakers to express their views on this issue.
In the meantime, medical marijuana patients in Fort Myers must continue to obtain their cannabis products through licensed MMTCs, adhering to the current legal framework.