Understanding Cannabis Possession and Home-Grow Rules in Fort Myers

Florida operates under a medical-only cannabis framework, meaning adult-use (recreational) possession remains illegal statewide, including in Fort Myers and the rest of Lee County. Non-patients caught with 20 grams or less of cannabis can be charged with a first-degree misdemeanor under state law; more than 20 grams can escalate to a felony. Penalties can include jail time and fines, depending on the amount possessed and the circumstances.

Medical marijuana is permitted for qualified patients who hold a valid Florida Medical Marijuana Use Registry card and purchase products from licensed Medical Marijuana Treatment Centers (MMTCs). State law authorizes the program and directs the Florida Department of Health to set dosage and supply limits. Current regulations cap smokable flower at 2.5 ounces per rolling 35-day period and set a 70-day aggregate limit of 24,500 mg THC for non-smokable products, with route-specific daily caps such as up to 350 mg THC per day for vaporized products. Physicians may request exceptions for individual patients through the registry, but those exceptions are not automatically granted. Licensed dispensaries enforce these limits at the point of sale.

Home cultivation of cannabis is prohibited. Neither recreational consumers nor medical patients are allowed to grow cannabis plants at home; only licensed MMTCs may cultivate cannabis in Florida. While some lawmakers have proposed allowing limited home cultivation for medical patients, no such legislation has passed as of August 2025. Any resident or visitor found growing cannabis in Fort Myers is subject to criminal penalties.

Use of medical cannabis is also subject to location restrictions. Smoking marijuana in public places and on public transportation is illegal. While certain low-THC, non-smokable forms may be treated differently, public smoking remains prohibited. Additional restrictions apply in workplaces (unless explicitly allowed by the employer), on school grounds or buses, and in correctional facilities. Patients may use medical cannabis on private property unless the property owner or a lease agreement prohibits it. Driving under the influence remains illegal for all users, regardless of patient status.

Hemp-derived products are regulated separately, but the rules have become stricter. In 2024, Florida lawmakers placed limits on THC content per serving and per package and clarified that certain intoxicating cannabinoids, such as delta-8 THC, are considered controlled substances if they meet the legal threshold. Retailers in Fort Myers must comply with new labeling, testing, and packaging standards for hemp extract products. Consumers should be aware that hemp regulations differ from marijuana laws, and possession of marijuana without a medical card remains illegal.

Local governments, including Fort Myers and Lee County, must follow the state framework. There is no local authorization for personal growing, and only licensed MMTCs may cultivate, process, and dispense medical cannabis. Both residents and visitors should rely on the statewide regulations when determining what is permissible.

In summary, non-patients cannot legally possess or grow cannabis in Fort Myers. Qualified medical marijuana patients may only possess what state rules allow, purchased from licensed dispensaries, and must adhere to location-of-use restrictions. Patients are encouraged to verify their registry status and allotments before purchasing or transporting cannabis products.