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A Florida senator has introduced a new bill for the 2026 session that would legalize home cultivation of marijuana for registered medical cannabis patients in the state.
Sen. Carlos Smith (D) filed the legislation on Friday—one of the latest attempts to give patients a home grow option that’s allowed under most medical marijuana programs in other states across the country.
This latest measure would permit qualified patients who are at least 21 years old to cultivate up to six flowering plants for personal, therapeutic use. Those patients could also buy seeds and clones from licensed dispensaries.
“A qualified patient who cultivates cannabis shall ensure that the plants are secured in a manner to prevent access by unauthorized persons,” the bill text says. “The sale of patient-cultivated cannabis plants and products and cultivation of cannabis by patients beyond the limits specified in this section is subject to the penalties outlined” under existing law.
If enacted into law, the bill would become law on July 1, 2026. A similar proposal was introduced at the beginning of this year by Sen. Joe Gruters (R), who is now chairman of the Republican National Committee, but it did not advance.
Gruters and Kim Rivers—the CEO of Trulieve, a medical marijuana company that provided the bulk of funding for an unsuccessful cannabis legalization ballot initiative last year—also met with Preident Donald 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.
The campaign behind that initiative, Smart & Safe Florida, recently said it’s collected more than one million signatures to put a new version of the legalization measure on the 2026 ballot—and so it voluntarily declined to appeal a legal case in which a judge allowed state officials to invalidate about 200,000 petitions over a largely procedural issue.
Smart & Safe filed a separate lawsuit with the state Supreme Court over another issue last month, alleging that officials are violating election laws by stalling a required review process for the measure without justification. The state has since agreed to move forward with the processing.
A federal judge in August separately delivered a win to the campaign—granting “complete relief” from provisions of a law the governor signed to impose other serious restrictions on signature gathering.
In March, meanwhile, two Democratic members of Congress representing Florida asked the federal government to investigate what they described as “potentially unlawful diversion” of millions in state Medicaid funds via a group with ties to Gov. Ron DeSantis (R). The money was used to fight against a citizen ballot initiative, vehemently opposed by the governor, that would have legalized marijuana for adults.
The lawmakers’ letter followed allegations that a $10 million donation from a state legal settlement was improperly made to the Hope Florida Foundation, which later sent the money to two political nonprofits, which in turn sent $8.5 million to a campaign opposing Amendment 3.
The governor said in February that the newest marijuana legalization measure is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year.
“There’s a lot of different perspectives on on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.”
“But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said.
The latest initiative was filed with the secretary of state’s office just months after the initial version failed during the November 2024 election—despite an endorsement from President Donald Trump.
Smart & Safe Florida is hoping the revised version will succeed in 2026. The campaign—which in the last election cycle received tens of millions of dollars from cannabis industry stakeholders, principally the multi-state operator Trulieve—incorporated certain changes into the new version that seem responsive to criticism opponents raised during the 2024 push.
For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.”
Last year, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome.
While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released in February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans.
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Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
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In the background, a recent poll from a Trump-affiliated research firm found that nearly 9 in 10 Florida voters say they should have the right to decide to legalize marijuana in the state.
Meanwhile, a pro-legalization GOP state lawmaker recently filed a bill to amend state law to codify that the public use of marijuana is prohibited.
Rep. Alex Andrade (R), the sponsor, said earlier this year that embracing cannabis reform is a way for the Republican party to secure more votes from young people.
Separately, Florida medical marijuana officials are actively revoking the registrations of patients and caregivers with drug-related criminal records. The policy is part of broad budget legislation signed into law earlier this year by DeSantis. The provisions in question direct the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges.
Kyle Jaeger is Marijuana Moment’s Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.
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