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.
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.
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.
Recreational cannabis is not yet legal, but proposals have suggested limits such as:
These are hypothetical — Florida voters rejected the 2024 legalization amendment.
Registered patients must follow strict purchase and possession limits:
Home cultivation remains prohibited under state law.
Even medical patients cannot consume marijuana in the following locations:
Cannabis consumption is only allowed on private property — and even then, landlords or HOAs may restrict it.
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.
If Florida legalizes recreational use in the future, taxes may resemble those in California or Nevada (15–20% total).
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.
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. |
To legally use medical marijuana in Florida, patients must:
Qualifying conditions include cancer, epilepsy, glaucoma, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and chronic pain.
All medical cannabis must be tested for:
Testing ensures patients receive safe, consistent products.
Cannabis access in Miami is restricted to registered Florida medical patients. Out-of-state or international medical cards are not recognized.
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.
Medical marijuana became legal in 2016 after Amendment 2, with full regulation in 2017.
No. Recreational use remains illegal. Amendment 3 (2024) failed to pass.
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.
Yes — but only for medical patients. Edibles must be purchased through licensed dispensaries and within prescribed dosage limits.
No. Only Florida MMJ cardholders may purchase cannabis. Out-of-state cards are not accepted.
Driving under the influence of marijuana is treated as a DUI with equivalent penalties.
Yes. Hemp-derived CBD (≤0.3% THC) is legal and widely available across the city.
No. Cannabis cafés or lounges are not permitted under Florida law.