Is Marijuana Legal in Miami?

by | Jan 31, 2023 | Getting Around Miami | 0 comments

Florida’s laws regarding marijuana are notably conservative and restrictive, prohibiting the recreational use of the drug. While medical marijuana has been legalized in the state, possessing, growing, and consuming cannabis for recreational purposes is strictly prohibited under Florida law. This means that any non-medical use of marijuana remains illegal and could result in criminal charges being brought against those who violate these regulations. Regardless of whether you are an inhabitant or a tourist, it is critical to be aware of the laws relating to cannabis in Florida. Understanding the legalities around marijuana can help prevent any unpleasantness and ensure that you stay on the right side of the law while enjoying your time in this wonderful sunshine state.

Nevertheless, there are certain fundamental differences in the manner in which law enforcement deals with marijuana-related offenses in Miami-Dade County. These dissimilarities can have a considerable impact on how an individual is charged and prosecuted for these types of violations, as well as the potential consequences one may face if convicted.

This informative article will provide a comprehensive overview of the existing marijuana laws in both Florida and Miami. It will explain the legalities surrounding cannabis, outlining the various aspects of legislation pertaining to both recreational and medical use.

Is Marijuana Legal in Florida?

In the state of Florida, possession, and sale of marijuana is regarded as a criminal offense under statute 893.13. This law makes it illegal to possess or sell cannabis in any form, with no exceptions made for recreational use – unless specifically authorized by a medical professional for medicinal purposes. Although some people are able to obtain medical marijuana through legal channels, its usage is strictly regulated and there are significant penalties associated with breaking this law. A simple possession charge is a misdemeanor offense, for which the punishment can be up to one year of incarceration. Depending on the amount that has been obtained illegally, penalties may increase in severity as larger quantities are found in someone’s possession.

The Compassionate Medical Cannabis Act of 2014 was a landmark piece of legislation that enabled the utilization of low-THC cannabis for medical purposes. This act granted the Department of Health the necessary authority to install and put into effect the Office of Compassionate Use, thus offering patients an official channel through which they can legally access medicinal marijuana therapies. Individuals with the proper credentials and identification cards can purchase medical marijuana from a variety of dispensaries located in Miami. These dispensaries are conveniently situated around the city, making it easy for people to access the products they need.

Can You Smoke Weed in Miami?

In spite of the fact that recreational marijuana is prohibited in Miami, the policy of the Miami-Dade State Attorney’s Office does not necessitate prosecution for possession charges when the quantity is limited. It should be noted that this policy applies only to small amounts and it is still illegal to possess or use marijuana in this city. The City of Miami Beach has an ordinance that explicitly forbids smoking in any public space, including parks, beaches, and other outdoor areas. This law safeguards the health of citizens by preventing them from being exposed to secondhand smoke, thereby protecting their well-being and providing a more pleasant environment for everyone to enjoy.

Is it allowed to smoke weed in Miami Beach?

The City of Miami Beach has firmly enforced ordinance 70-7, which prohibits the smoking of marijuana, hemp, and cannabis on the beach and in public parks. Despite this, several influential lawmakers are still advocating for the legalization of weed in Miami Beach. This has provoked a significant debate amongst local residents regarding the potential benefits or drawbacks that could come with such a policy change. Nevertheless, it is currently against the law to smoke marijuana in Miami Beach and those caught doing so may be subject to criminal charges.

What Is the Penalty for Smoking Weed in Public in Miami Beach?

If you are caught smoking marijuana on a beach or in a public park within the Miami district, you will be subject to a hefty fine of up to $500 and may even face incarceration for up to 60 days. This is an extremely serious penalty that should not be taken lightly and can have long-lasting implications if you are found guilty.

The police have the power to exercise their own judgment when it comes to upholding the law. They are in a position of authority, and they may choose to simply issue you a warning and explain the relevant legislation to you. Alternatively, they may decide that an arrest or civil citation is necessary in order to ensure that justice is served. Remember, it is within their discretion how they handle any given situation.

Is Weed Decriminalized in Miami?

In Miami, the possession of marijuana has been decriminalized, meaning that those who are caught with a small amount of weed will not be subject to criminal charges. Instead, they may face civil penalties such as fines or community service. This change in policy is part of an overall shift towards more progressive and lenient laws regarding the use and possession of cannabis. As a result, people in Miami no longer have to worry about facing criminal sanctions for having a minor amount of marijuana on their person. As of 2019, state prosecutors for Miami Dade have declared their policy not to enforce laws prohibiting the holding of insignificant amounts of marijuana. Despite this, marijuana still holds illegal status and it is prohibited to smoke in public areas. Consequently, those individuals caught possessing or smoking cannabis in public places can still be subject to legal repercussions if caught.

Can You Possess Marijuana in Miami?

Apart from its use for medicinal purposes, the possession of marijuana is prohibited in Miami and across Florida. Despite the use of discretion in law enforcement, it is still a criminal offense to have marijuana in one’s possession in Miami, Florida. Allowing discretion implies that officers may not always enforce the law; however, this does not mean that possessing marijuana has been legalized and the act remains illegal in the eyes of the law.

What Is the Penalty for Marijuana in Miami?

Possessing, using, and/or selling marijuana in Miami comes with hefty penalties such as:

  • Misdemeanor charges may apply to those in possession of 20 grams or less and can result in a fine of up to $1,000 and/or imprisonment of up to one year.
  • Local law enforcement has adopted a policy of not enforcing possession of small amounts of marijuana.
  • In Miami Beach, marijuana has been decriminalized; however, smoking it on a public beach or park remains illegal.
  • Distribution of cannabis in small quantities (20 grams or less) without exchange of money is considered a misdemeanor crime. Persons found guilty of such an infraction may be subjected to prison time, up to one year, and a financial penalty that can be as steep as $1,000.
  • Marijuana possession and distribution can result in serious consequences, depending on the amount in question. For example, if someone is found to have larger quantities of marijuana, they may end up facing prison terms of up to 30 years.
  • In Miami and other areas of Florida, medical marijuana is approved. To begin the process of obtaining access to marijuana for medicinal use, individuals are required to complete the necessary steps specified by the state. Additionally, they must adhere to any limitations or guidelines regulating its usage.

Why Miami-Dade does not strictly enforce marijuana laws?

The State Attorney for Miami-Dade put forth new policies on July 1st, 2019, regarding how marijuana possession is handled in their region by introducing new policies. The reason for the alteration was due to the newly legalized cannabis products that lack any psychoactive components, such as hemp, oils, and additional items. These lawful goods possess a strong odor which is remarkably similar to the illegal substance marijuana.

Law enforcement authorities believe that if they were to proceed without a clear understanding of what is legal and illegal, it could be far too easy for the police to mistakenly search or suspect wrongdoing where there actually exists a lawful explanation. The State Attorney has expressed their concerns over these potential errors, as they don’t want to infringe upon the rights of citizens through unlawful searches or baseless suspicions. Consequently, the necessity for change was highlighted and implemented accordingly.

Is it illegal to drive under the influence of marijuana in Miami Beach?

In Miami Beach, Florida Statutes 316.193 expressly declares that it is illegal to drive while impaired under the influence of marijuana. This rule prohibits the use of any controlled substance which adversely affects an individual’s ability to drive safely. Penalties for a first offense with no aggravating circumstances can include up to six months of incarceration, the potential for a fine of up to $1,000, and an automatic suspension of the offender’s driver’s license. Such punishments are designed to ensure that those found guilty of this offense receive suitable punishment for their crime and are deterred from committing similar offenses in the future.

When a person operates a motor vehicle on the roads of Florida, they are deemed to have given their implied consent to submit to a chemical test for the purpose of determining if they are driving under the influence, in accordance with Florida Statutes 316.1932. This law states that any individual who drives or is in actual physical control of a vehicle has already given their consent to be tested and shall not be entitled to challenge the results.