North Miami and Miami Beach follow the same Florida cannabis laws, but the experience for medical patients differs dramatically between the two cities. Enforcement patterns, zoning, and local tourism pressures shape how each community handles cannabis on a daily basis.
Florida Law: One Framework for Both Cities
Florida allows medical cannabis only, regulated under Florida Statute §381.986. The law prohibits public consumption, regardless of whether someone has a medical card.
Source: Florida Legislature—§381.986, Medical Use of Marijuana.
Legal analysts consistently note that public use—including smoking on sidewalks, in parks, or on beaches—remains illegal across the state.
Source: Amaro Law – “Can You Smoke Medical Marijuana in Public in Florida?”
Miami-Dade County also has a civil-citation option for small-amount possession (20g or less), but police still retain full authority to make arrests.
Source: Miami-Dade County Marijuana Civil Citation Program.
Miami Beach: Strict Rules + Tourist Enforcement
Miami Beach has some of the most visible cannabis enforcement in South Florida. The city explicitly bans smoking—tobacco, marijuana, or otherwise—on beaches, in parks, and in other public spaces. Violations can lead to tickets or, in some cases, arrest.
Source: City of Miami Beach – “Take Care of Our City” Smoking Prohibition.
Local attorneys also emphasize that Miami Beach police treat public cannabis use seriously, issuing fines and occasionally jail penalties.
Source: Bernstein & Maryanoff—Miami Beach Marijuana Laws Guide.
Dispensaries are allowed but heavily restricted, requiring 500 feet of distance from schools and 1,200 feet from other dispensaries.
Source: Florida State Cannabis—Miami Beach MMTC Zoning Summary.
Because Miami Beach is a major tourist destination, enforcement rises during spring break, holiday weekends, and large events. Visitors will see more officers, more signage, and more crackdowns on smoking of any kind.
North Miami: Zoned for Access, Quiet on Enforcement
North Miami takes a more routine, residential approach. In 2019, the city passed an ordinance allowing medical marijuana dispensaries as a permitted use in specific commercial districts. This created clearer, more convenient access for local patients.
Source: City of North Miami Ordinance 1439 (2019).
Additional planning documents from nearby North Miami Beach confirm that multiple mixed-use districts permit medical cannabis businesses.
Source: North Miami Beach Novus Agenda Planning Documents.
Unlike Miami Beach, North Miami does not deploy seasonal anti-smoking campaigns or tourist-focused crackdowns. Public consumption is still illegal, but enforcement tends to reflect a quieter, neighborhood-oriented city rather than a tourist hotspot.
Key Differences
1. Public Consumption
- Miami Beach: Highly enforced, with bans on beaches, parks, and sidewalks.
- North Miami: Same state ban, but far less publicized enforcement.
2. Dispensary Access
- Miami Beach: Limited locations, strict zoning, higher commercial rents.
- North Miami: Clear zoning and easier, neighborhood-style access.
3. Tourism vs. Local Community
- Miami Beach: Enforcement increases during peak tourism seasons.
- North Miami: Much more stable, resident-driven patterns.
Practical Guidance for Patients
- Use cannabis only in private spaces where property owners allow it.
- Keep products in original dispensary packaging while transporting.
- Avoid assumption-based behavior on Miami Beach—public smoking enforcement is strict.
- If staying on the beach, consider purchasing from mainland dispensaries for better access.
Bottom line:
North Miami and Miami Beach share the same state cannabis laws, but their realities could not be more different. North Miami offers accessible zoning and low-profile enforcement, while Miami Beach maintains one of Florida’s most restrictive and tourist-focused public consumption environments.
