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A Florida lawmaker has introduced legislation that would allow medical marijuana patients in the state to grow up to two cannabis plants at home while also outlawing certain hemp-derived cannabinoids.
SB 334, sponsored by Sen. Joe Gruters (R)—who endorsed last year’s ultimately unsuccessful ballot measure that would have legalized marijuana for adults 21 and older—would require that homegrown cannabis be cultivated out of public view, “including a view from another private property,” and in an “enclosed, locked space to prevent access by unauthorized persons and persons younger than 21.”
The two-plant limit would apply to a household regardless of how many qualified patients live in the residence. Violations would be a first degree criminal misdemeanor, punishable by up to a year in jail and a $1,000 fine.
The proposal would expand the rights of medical marijuana patients in Florida while at the same time trying to rein in the state’s largely unregulated hemp-derived cannabinoid market. Specifically, it would ban from hemp products the cannabinoids delta-8 THC, delta-10 THC, tetrahydrocannabinol acetate (THCA), tetrahydrocannabivarin (THCV), tetrahydrocannabiphorol (THCP) and hexahydrocannabinol (HHC).
Delta-9 THC, meanwhile—the chief psychoactive component in marijuana—would be capped at 2 milligrams per serving and 20 mg per package. Further, the bill clarifies that a product’s delta-9 THC content would be determined through a combination of delta-9 itself and THCA, which converts into delta-9 THC when heated.
The new bill would also impose certain additional restrictions on the sale and advertising of hemp extracts, for example banning street retail stalls, sales at festivals and businesses within 500 feet of a school, day care facility or other hemp business. Public advertisements would also be generally prohibited.
Gruters, a former chair of the Florida Republican Party, was a proponent of the backed legalization measure Amendment 3 last November, appearing in an ad alongside Sen. Shevrin Jones (D) to argue that the reform would be “good for Florida” despite strong pushback from Gov. Ron DeSantis (R).
Gruters and Kim Rivers—the CEO of Trulieve, a medical marijuana company that provided the bulk of funding for Amendment 3—also met with Trump ahead of his endorsement of the constitutional amendment, as well as federal rescheduling and industry banking access.
Notably, Amendment 3 would not have legalized home cultivation of marijuana—a detail seized on by some critics of the industry-backed proposal.
A campaign mailer from the state Republican Party, for instance, called the campaign “a power grab by mega marijuana corporations, eliminating their competition and enshrining their monopoly advantage in the Constitution forever.”
DeSantis, meanwhile, repeatedly complained that legalizing marijuana in the state would lead to a rash of public consumption, causing the state to smell of cannabis. Gruters downplayed that concern but also introduced a bill to ensure that smoking in public would remain illegal.
Last year, amid the legalization campaign, DeSantis vetoed a bill that would have banned intoxicating hemp products, which was widely seen as an effort to enlist the hemp industry in opposing Amendment 3.
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Meanwhile in Florida, the campaign behind Amendment 3 recently filed a revised version in hopes of getting a second shot in 2026.
Just months after a Florida marijuana legalization initiative failed at the ballot, the campaign behind the proposal has filed a revised version in hopes of getting a second shot in 2026.
Smart & Safe Florida’s 2024 measure did receive a majority of the vote in November, but it fell short of a steep 60 percent threshold to pass constitutional amendments under state law.
Separately, lawmakers in Florida this session have also introduced bills that would protect medical marijuana patients from discrimination in government jobs and prevent state courts from restricting certain parental rights based solely on a person’s status as a qualified cannabis patient.
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Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and other drug policy issues professionally since 2011, specializing in politics, state legislation, litigation, science and health. He was previously the senior news editor at Leafly, where he co-led news coverage and co-hosted a critically acclaimed weekly podcast; an associate editor at The Los Angeles Daily Journal, where he covered federal courts and municipal law; and a Coro Fellow in Public Affairs. He’s a graduate of Occidental College in Los Angeles and currently lives in Washington State.
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