Florida Senate - 2025 SB 546 By Senator Gruters 22-01389-25 2025546__ 1 A bill to be entitled 2 An act relating to home cultivation of marijuana; 3 amending s. 381.986, F.S.; conforming a cross 4 reference; authorizing certain qualified patients to 5 apply to the Department of Agriculture and Consumer 6 Services for a certificate to cultivate up to two 7 cannabis plants for personal consumption; requiring 8 the department to adopt rules related to such 9 certificates, including rules for inspection and 10 registration of each cannabis plant; requiring an 11 applicant to provide certain documentation if he or 12 she is leasing a residence; providing that no more 13 than two cannabis plants may be cultivated at a single 14 residence regardless of the number of eligible 15 qualified patients who reside there; specifying 16 limitations on and requirements for the cultivation of 17 cannabis plants for personal use; providing criminal 18 penalties; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1.Present subsections (10) through (17) of section 23 381.986, Florida Statutes, are redesignated as subsections (11) 24 through (18), respectively, a new subsection (10) is added to 25 that section, and paragraph (f) of subsection (4) of that 26 section is amended, to read: 27 381.986Medical use of marijuana. 28 (4)PHYSICIAN CERTIFICATION. 29 (f)A qualified physician may not issue a physician 30 certification for more than three 70-day supply limits of 31 marijuana or more than six 35-day supply limits of marijuana in 32 a form for smoking. The department shall quantify by rule a 33 daily dose amount with equivalent dose amounts for each 34 allowable form of marijuana dispensed by a medical marijuana 35 treatment center. The department shall use the daily dose amount 36 to calculate a 70-day supply. 37 1.A qualified physician may request an exception to the 38 daily dose amount limit, the 35-day supply limit of marijuana in 39 a form for smoking, and the 4-ounce possession limit of 40 marijuana in a form for smoking established in paragraph (15)(a) 41 (14)(a). The request must shall be made electronically on a form 42 adopted by the department in rule and must include, at a 43 minimum: 44 a.The qualified patients qualifying medical condition. 45 b.The dosage and route of administration that was 46 insufficient to provide relief to the qualified patient. 47 c.A description of how the patient will benefit from an 48 increased amount. 49 d.The minimum daily dose amount of marijuana that would be 50 sufficient for the treatment of the qualified patients 51 qualifying medical condition. 52 2.A qualified physician must provide the qualified 53 patients records upon the request of the department. 54 3.The department shall approve or disapprove the request 55 within 14 days after receipt of the complete documentation 56 required by this paragraph. The request is shall be deemed 57 approved if the department fails to act within this time period. 58 (10)HOME CULTIVATION. 59 (a)A qualified patient who is at least 21 years of age may 60 apply to the Department of Agriculture and Consumer Services for 61 a certificate authorizing the qualified patient to cultivate up 62 to two cannabis plants at his or her residence for personal 63 consumption. The Department of Agriculture and Consumer Services 64 shall adopt rules pursuant to ss. 120.536(1) and 120.54 65 establishing procedures for the issuance, renewal, suspension, 66 replacement, surrender, and revocation of such certificates, 67 including rules providing for the inspection and registration of 68 each cannabis plant by the Department of Agriculture and 69 Consumer Services. For any residence that is leased, the 70 certificate applicant must provide documentation demonstrating 71 that the property owner consents to marijuana cultivation on the 72 property. No more than two cannabis plants may be cultivated at 73 a single residence, regardless of the number of qualified 74 patients 21 years of age who reside there. 75 (b)Cannabis plants may not be cultivated in a location 76 where the plants are subject to public view, including a view 77 from another private property, without the use of binoculars, 78 aircraft, or other special aids. 79 (c)A qualified patient who cultivates cannabis shall 80 ensure the plants are located in an enclosed, locked space to 81 prevent access by unauthorized persons and persons younger than 82 21 years of age. The use of cannabis cultivated for personal 83 consumption is subject to the limitations on use or 84 administration of marijuana as specified in subparagraph 85 (1)(k)5. 86 (d)A person who violates this subsection commits a 87 misdemeanor of the first degree, punishable as provided in s. 88 775.082 or s. 775.083. 89 Section 2.This act shall take effect July 1, 2025.