A Republican lawmaker in Florida has reintroduced a proposal that would allow medical marijuana patients in the state to grow up to two cannabis plants at home—this time without separate provisions he had included in prior legislation that would have also cracked down on hemp-derived cannabinoids in the state.
Rep. Joe Gruters (R) last month filed a homegrow bill that would have simultaneously banned a range of hemp-derived cannabinoids and also capped delta-9 THC—the chief psychoactive component in marijuana—at 2 milligrams per serving and 20 mg per package in hemp products. But he later withdrew that measure, pledging to introduce a homegrow-only bill “As soon as it’s ready.”
The new bill, SB 456, filed on Friday, would allow state-registered cannabis patients 21 and older to grow up to two plants for personal use provided they first apply for and obtain a certificate from the state Department of Agriculture and Consumer Services.
The department would need to establish procedures “for the issuance, renewal, suspension, replacement, surrender, and revocation of such certificates, including rules providing for the inspection and registration of each cannabis plant.”
Renters would also need to provide documentation when applying to show that their landlord consents to cannabis being grown on the property.
Further, cultivation would need to occur out of public view and “in an enclosed, locked space to prevent access by unauthorized persons and persons younger than 21 years of age.”
Violation of those limits would constitute a first-degree misdemeanor.
As of Friday afternoon, the bill had not yet been referred to a legislative committee.
Gruters, a former chair of the Florida Republican Party, was a proponent of the backed legalization measure Amendment 3 last November—which would not have legalized home cultivation—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.
Some critics of Amendment 3 had complained about its lack of a home cultivation allowance, which they said would force consumers to make purchases from a small number of licensed retailers.
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.”
—
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.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
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.
As for hemp-derived cannabinoids, last year 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.
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.
New GOP Bill Would Block Marijuana Industry Tax Deductions, Even After Federal Rescheduling
Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
