Lighting up on Miami Beach might seem like the ultimate vacation vibe—but legally, it’s not allowed. Florida’s medical program and Miami Beach’s local rules make cannabis use in public spaces tightly restricted, even for cardholders. Here’s a clear, reader-friendly breakdown of what’s allowed, what isn’t, and how to stay on the right side of the law.
Florida’s Big Picture: Medical, Not Recreational
Florida only permits medical marijuana, not adult-use recreational cannabis. Cardholders can purchase cannabis from licensed MMTCs, but public consumption is prohibited statewide. The law requires medical cannabis to be used only in private spaces with the property owner’s consent.
In other words, even if someone is a registered patient, lighting up in public is still illegal.
Miami Beach Rules: No Smoking on the Sand
Miami Beach adds its own strict layer of regulation. The city bans smoking of any kind—tobacco, cannabis, vapes—on:
- Public beaches
- Public parks
- Sidewalks and other city-controlled outdoor spaces
Miami Beach law also specifically prohibits smoking cannabis on public property, with penalties that can include a fine and, in some cases, arrest. The city routinely enforces this policy during high-tourism months and major events.
Bottom line: you cannot smoke or vape cannabis anywhere on Miami Beach, regardless of whether you hold a medical card.
Public Parks, Sidewalks, and City Spaces
Across Miami Beach and broader Miami-Dade County, cannabis use is not permitted in public places. While Miami-Dade introduced civil citations for small amounts of possession, this never made public consumption legal. Miami Beach has leaned toward stricter enforcement in recent years, especially during festivals, concerts, and holidays.
If it’s a public area—boardwalks, plazas, marinas, park benches—it’s off-limits.
Hotels, Rentals, and Private Property
Private property is where medical cannabis use can happen, but only with permission:
- Hotels and resorts often ban smoking in rooms and balconies.
- Short-term rentals (Airbnb, Vrbo) follow host-specific rules; some permit edibles but not smoking.
- Condo or apartment buildings may restrict smoking in shared spaces or even inside units.
Just remember: if the space is open to the public, like a hotel lobby or pool deck, it’s treated like a public area under state law—no cannabis consumption allowed.
Boats and Marinas
On the water, enforcement can get more complicated:
- Public marinas and docks fall under city rules, so smoking cannabis there is illegal.
- Private vessels offer more privacy, but boat operators must still follow state boating laws. Operating any vessel under the influence of cannabis can result in DUI-style charges.
What Visitors Should Know
If you’re heading to Miami Beach with cannabis:
- Don’t smoke or vape in public—especially not on the sand.
- Use cannabis only on private property with permission.
- Choose edibles or tinctures if the property prohibits smoking but allows consumption.
- Travel discreetly and keep products sealed when walking through public areas.
Miami Beach is strict, and enforcement is visible. Staying informed helps you avoid fines, disruptions, or legal trouble—so you can focus on enjoying the sun, the ocean, and everything else the city has to offer.
This article is for informational purposes only and not legal advice.