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Recreational use of marijuana remains illegal in Miami and throughout Florida.
Unless you have a medical marijuana card, you are not authorized by law to possess or use any form of marijuana. Even those who have state-issued permits are banned from smoking in public places, only allowing the use in a private location where the property owner allows it. Miami cannabis laws are unique to say the least. Though Florida has legalized medical marajuana use, they do have a long battle in making marijuana legalized for recreational use as well as more accessible.
Residents and visitors should be aware of the laws regarding marijuana in Miami due to its unique terms.
Miami marijuana law is as stated below:
It is prohibited by law to posses anything more than 20 grams of marijuana
As you can see, these laws regarding marijuana can be a bit confusing. Medical marijuana is legal, yet even with a state-permit you can be charged with a felony for smoking marijuana in public. The Miami-Dade State Attorney’s Office decision not to prosecute small amounts of marijuana possession can also lead to a bit of confusion. This decision made by the Miami-Dade can lead visitors and residents to question what exactly is legal and illegal.
Right from the time, the bill was passed in 2017, Florida's medical marijuana program has been enforced in Miami. The law permits the use of marijuana for those who possess certain qualifying medical conditions. Florida’s list of qualifying conditions is one of the more restricted amongst the states but Miami does not shy away from the advertisement of marijuana for medicinal purposes. Throughout the streets of Miami you can now find ads promoting marijuana doctors on taxis, newspapers, and even billboards. Though medical marijuana is legal and the idea is highly advertised it can be very difficult, even with a medical card, to acquire cannabis in Miami. It can also be difficult to successfully abide by the various other marijuana laws such as where and when you are allowed to smoke.
Just because you obtain a medical marijuana card does not necessarily mean that you now have easy access to cannabis in Florida. In Miami you can only purchase medical marijuana from a state-approved dispensary. These state-approved dispensaries are also most likely not right down the block from your home. The number of licenses allotted to Florida for dispensaries was very minimal due to vertical integration laws. Also, unless you own one of these said dispensaries- it is illegal to grow marijuana in Florida.
At a state-approved dispensary in Miami you will find extracts, oils, tinctures, and/or whole flower smokable marijuana. It is prohibited by law to posses anything more than 20 grams of marijuana even with a state-permit in Miami, Florida. This being said, it is important to be aware of the marijuana that is in your possession. In conclusion, with a medical card in Miami, you must purchase medical marijuana from a state-approved dispensary and you cannot have more than 20 grams of weed in your possession.
Miami weed laws prohibit those with medical marijuana cards to smoke marijuana unless they do so in a secluded and a private location where the property owner allows it. Some of Miami's property owners have areas where they section off and map out boundaries for those who smoke marijuana and obtain medical cards. Smoking marijuana on Miami Beach is a felony whether you are a card holder or not. In 2019, the City of Miami Beach commissioners passed the law prohibiting smoking marijuana on public property- such as sidewalks, parks, and of course the beach. The law is unique to Miami Beach meaning that other Florida cities may have different laws regarding smoking marijuana in public. The possible penalties include up to 60 days in jail and a $500 fine for residents and visitors alike.
The Miami-Dade State Attorney’s office made the decision to not prosecute small amounts of marijuana possession. This decision to not pursue prosecution for small amounts of marijuana is a matter of policy. Instead the Miami-Dade created “civil citation” programs where fines for minor marijuana possession can be given. This policy can seem confusing as it basically seems to make recreational use of marijuana allowed even when it is still illegal. This decision came about due to the excessive resources and the time consumed by prosecuting these small marijuana offenses. The State Attorney’s office can still pursue prosecution though, if they deem it appropriate.
Though some Floridians and tourists are hoping this will one day change- recreational use of marijuana remains illegal in Miami and smoking marijuana on public property is prohibited including, but not limited to, places such as sidewalks, parks, and the beach. Whether you are residing in Miami or simply just visiting, it is very important to be well educated on the laws regarding marijuana. It is important to be aware of these laws to assure you don’t find yourself in a situation of legality regarding marijuana use.
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