Miami Weed Laws & Regulations
Disclaimer
Cannabis laws are subject to change, and while we strive for accuracy, readers should verify with official sources and consult legal or medical professionals for personalized advice.
Weed Laws and Regulations in Miami
Miami is known for its culture, tourism, and nightlife — but when it comes to cannabis, the laws are still evolving. Many people ask, “Is weed legal in Miami?” The short answer: medical marijuana is legal, but recreational marijuana remains illegal under Florida law. Despite voter attempts to legalize it via Amendment 3 in 2024, the measure fell short of the 60% approval needed.
Miami-Dade County has adopted a more relaxed stance on minor possession, allowing citations instead of arrests for small amounts. For both residents and visitors, understanding the local rules around possession, consumption, cultivation, taxes, and the medical marijuana program is crucial. This guide covers Miami weed laws and regulations as of 2025.
Is Weed Legal in Miami?
Recreational marijuana is currently illegal in Miami and across Florida. While other states like California and Colorado have legalized recreational use, Florida allows marijuana only for medical purposes under Amendment 2 (2016).
However, Miami-Dade County allows police to issue civil citations — rather than arrests — for possession of 20 grams or less. This effectively decriminalizes small amounts, though it does not make them legal.
Medical marijuana is legal for qualified patients who obtain a recommendation from a certified physician and register with the Florida Office of Medical Marijuana Use.
Purchase & Possession Limits
Recreational Marijuana (Hypothetical)
Recreational cannabis is not yet legal, but proposals have suggested limits such as:
- 1 ounce of flower per day
- 8 grams of concentrates per day
- Up to 6 homegrown plants
These are hypothetical — Florida voters rejected the 2024 legalization amendment.
Medical Marijuana
Registered patients must follow strict purchase and possession limits:
- Flower: up to 2.5 ounces every 35 days (max 4 ounces in possession).
- Edibles, tinctures, oils, and topicals: limited by daily milligram caps based on product type.
- Supply limits: up to a 70-day supply per physician recommendation.
Home cultivation remains prohibited under state law.
Places Where Use Is Prohibited
Even medical patients cannot consume marijuana in the following locations:
- Public areas such as sidewalks, beaches, and parks
- Vehicles — whether driving or parked
- Workplaces that prohibit drug use
- Federal land (airports, seaports, national parks)
Cannabis consumption is only allowed on private property — and even then, landlords or HOAs may restrict it.
Taxes on Cannabis in Miami
Since recreational cannabis is illegal, there is no excise tax. Medical marijuana purchases are subject to Florida’s 6% state sales tax, plus possible local surtaxes. Compared to recreational states (which often exceed 20% tax), Florida’s patient taxes are relatively low.
Example Tax Calculations
Medical Marijuana Purchase
- Base purchase: $100
- Sales tax (6%): $6
- Total: $106
Recreational Marijuana (Hypothetical)
If Florida legalizes recreational use in the future, taxes may resemble those in California or Nevada (15–20% total).
- Base purchase: $100
- Excise tax (15%): $15
- Sales tax (6%): $6
- Total: $121
Consumption Locations
Cannabis use is only legal on private property. Miami does not have licensed cannabis lounges or cafés as of 2025, unlike states such as California, which have expanded consumption spaces.
Cultivation Rules
Home cultivation is not permitted in Florida. Even medical patients must purchase from licensed Medical Marijuana Treatment Centers (MMTCs). Cultivation without authorization can result in felony charges.
| Type of Cultivation | Legal? | Notes |
|---|---|---|
| Home growing (recreational) | Illegal | No allowance for personal cultivation. |
| Home growing (medical) | Illegal | Patients must buy from MMTC dispensaries only. |
| Licensed commercial cultivation | Legal | Only by state-approved MMTC operators. |
| Possessing cannabis plants at home | Illegal | May lead to felony charges. |
| Advocacy for home grow | Ongoing | Reform groups continue lobbying for patient home cultivation. |
Penalties and Fines
- Unlicensed cultivation: third-degree felony, up to 5 years in prison and $5,000 fine.
- Possession ≤20g: citation or misdemeanor, up to $500 fine.
- Possession of larger amounts: can escalate to felony charges (1–15 years).
- Unlicensed commercial cultivation: severe felony penalties, asset seizure possible.
- Medical patients exceeding limits risk loss of registry access and penalties.
Medical Marijuana Program in Miami
To legally use medical marijuana in Florida, patients must:
- Obtain certification from a qualified physician.
- Register with the Medical Marijuana Use Registry.
- Purchase only from licensed MMTC dispensaries (e.g., Trulieve, Curaleaf, Fluent).
Qualifying conditions include cancer, epilepsy, glaucoma, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and chronic pain.
Legal History Timeline
- 2014 – Compassionate Medical Cannabis Act allows low-THC CBD oil.
- 2015 – Miami-Dade decriminalizes possession ≤20g.
- 2016 – Amendment 2 passes, legalizing full medical marijuana.
- 2019 – Smoking medical marijuana legalized after court rulings.
- 2024 – Amendment 3 (recreational) fails to pass.
Regulation & Oversight
- The Florida Department of Health’s OMMU oversees cannabis regulation.
- OMMU approves dispensaries and monitors physicians and registries.
- It enforces packaging, labeling, and product safety standards.
Product Safety & Testing
All medical cannabis must be tested for:
- THC/CBD potency
- Pesticides
- Heavy metals
- Residual solvents
- Microbiological contaminants
Testing ensures patients receive safe, consistent products.
Out-of-State Visitors
Cannabis access in Miami is restricted to registered Florida medical patients. Out-of-state or international medical cards are not recognized.
- Transporting cannabis across state or country borders is illegal.
- Possession without a card (≤20g) may result in citation; larger amounts carry criminal penalties.
- Hotels and vacation rentals often prohibit cannabis use, even for registered patients.
Visitors cannot buy cannabis legally and must avoid public use. CBD products (≤0.3% THC) are widely available and legal under the 2018 Farm Bill.
Frequently Asked Questions
When was medical marijuana legalized?
Medical marijuana became legal in 2016 after Amendment 2, with full regulation in 2017.
Is recreational cannabis legal in Miami?
No. Recreational use remains illegal. Amendment 3 (2024) failed to pass.
What are the penalties for smoking weed in public?
Public use is illegal and can result in up to 60 days in jail and a $500 fine. Miami-Dade typically issues citations for possession under 20 grams.
Are edibles legal in Miami?
Yes — but only for medical patients. Edibles must be purchased through licensed dispensaries and within prescribed dosage limits.
What are the THC limits?
- Flower: 2.5 ounces every 35 days (4 oz cap).
- Concentrates & edibles: dosage limits vary by physician prescription.
Can tourists buy weed in Miami?
No. Only Florida MMJ cardholders may purchase cannabis. Out-of-state cards are not accepted.
Can I drive after using marijuana?
Driving under the influence of marijuana is treated as a DUI with equivalent penalties.
Is CBD legal in Miami?
Yes. Hemp-derived CBD (≤0.3% THC) is legal and widely available across the city.
Are cannabis lounges allowed?
No. Cannabis cafés or lounges are not permitted under Florida law.