No, weed is not legal in Miami unless you hold a Florida medical marijuana card. Recreational cannabis remains illegal throughout Florida, and possession without a medical card is a criminal offense that ranges from a first-degree misdemeanor for 20 grams or less to a felony for anything more. Miami-Dade County does have a civil citation program that can soften the consequences of small-amount possession, but the decision to issue a citation instead of making an arrest is entirely up to the officer.
What You Can Be Charged With
Florida classifies cannabis as a Schedule I controlled substance, and the penalty depends on how much you have.
- 20 grams or less: First-degree misdemeanor. Up to one year in jail and a fine of up to $1,000.1Justia Law. Florida Code 893.13 – Prohibited Acts; Penalties2Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures
- More than 20 grams but under 25 pounds: Third-degree felony. Up to five years in prison and a fine of up to $5,000.2Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures
- 25 pounds or more: Trafficking, with mandatory minimums. From 25 to 2,000 pounds triggers a three-year minimum and a $25,000 fine, escalating to 15 years and $200,000 at 10,000 pounds or more.3Florida Senate. Florida Code 893.135 – Trafficking; Mandatory Sentences
Twenty grams is roughly two-thirds of an ounce. The gap between 20 and 21 grams is the gap between a misdemeanor and a felony, so quantity matters more than most people assume.
Selling cannabis without state authorization is a third-degree felony carrying up to five years and a $5,000 fine. Giving away 20 grams or less without payment is treated as a first-degree misdemeanor instead.1Justia Law. Florida Code 893.13 – Prohibited Acts; Penalties
Miami-Dade’s Civil Citation Option
In 2015, Miami-Dade County adopted an ordinance letting police issue a $100 civil citation instead of arresting someone for possessing 20 grams or less. Paying the citation does not create a criminal record.4Miami-Dade County. Miami-Dade County Legislative File 150589
The citation is an option, not a right. The officer keeps full discretion to arrest and pursue criminal charges. The civil route also disappears entirely if the cannabis is tied to a felony charge, a DUI, domestic violence, or any violent crime.4Miami-Dade County. Miami-Dade County Legislative File 150589
The Only Legal Path: A Medical Marijuana Card
Florida’s medical program, codified in Florida Statute 381.986, is run by the Office of Medical Marijuana Use within the Department of Health.5Florida Senate. Florida Code 381.986 – Medical Use of Marijuana
Who Qualifies
You must be a Florida resident diagnosed by a qualified physician with at least one of these conditions:
- Cancer
- Epilepsy
- Glaucoma
- HIV or AIDS
- PTSD
- ALS
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis
- A terminal condition diagnosed by a physician other than the certifying one
- Chronic nonmalignant pain
The statute also covers conditions comparable in kind or class to those listed, giving physicians some flexibility on close cases.6The Florida Legislature. Florida Code 381.986 – Medical Use of Marijuana
How to Get the Card
You start with an in-person visit to a physician who holds an active, unrestricted Florida medical license and has completed the state’s required medical marijuana training. If the physician certifies you, they enter you into the Medical Marijuana Use Registry, and you then apply to the Office of Medical Marijuana Use for a registry identification card.5Florida Senate. Florida Code 381.986 – Medical Use of Marijuana
The state charges $75 for the application and $75 for each annual renewal. Physician evaluations are separate and typically run $150 to $250 for a first consultation, so plan on roughly $225 to $325 up front.
What You Can Buy and Possess
A medical card does not mean unlimited access. Florida caps supply by product type:
- Smokable flower: up to 2.5 ounces per 35-day period, with a 4-ounce possession limit at any given time.7Legal Information Institute. Florida Administrative Code R. 64ER22-8 – Dosing and Supply Limits for Medical Marijuana
- Non-smokable products (edibles, vapes, tinctures, topicals): up to a 70-day supply, capped at 24,500 milligrams of THC in total across those forms.7Legal Information Institute. Florida Administrative Code R. 64ER22-8 – Dosing and Supply Limits for Medical Marijuana
Each route of administration also has a daily THC dose limit. Inhalation is highest at 350 milligrams per day; edibles are lowest at 60 milligrams. Your physician can request an exception if your situation warrants one.7Legal Information Institute. Florida Administrative Code R. 64ER22-8 – Dosing and Supply Limits for Medical Marijuana
All product must come from a state-licensed treatment center. Home cultivation is not permitted, even with a card, and growing at home exposes you to the same criminal penalties as any unauthorized possession or cultivation.
Where You Can Use It
Medical cannabis use is restricted to private settings. Florida law prohibits use in public places, on public transportation, in any vehicle or boat, in schools, in correctional facilities, and in enclosed indoor workplaces. Employers can also ban use at the workplace. Low-THC products that are not smoked are the one exception and may be used in public and on public transit.6The Florida Legislature. Florida Code 381.986 – Medical Use of Marijuana
What a Card Does Not Protect You From
Your Job
Florida’s medical marijuana statute explicitly states that it creates no cause of action against an employer for wrongful discharge or discrimination. Employers can maintain drug-free workplace policies, test for cannabis, and take adverse action based on positive results. They are not required to accommodate on-the-job use.5Florida Senate. Florida Code 381.986 – Medical Use of Marijuana
Federally Assisted Housing
Marijuana remains a controlled substance under federal law, so federally assisted housing programs can deny or evict tenants for cannabis use regardless of your Florida card. Public housing and federal housing subsidies do not recognize the medical exception.
Driving
Driving after using cannabis is illegal if your normal faculties are impaired. There is no per se THC blood level in Florida, so the prosecution has to prove actual impairment. A first-offense cannabis DUI carries a $500 to $1,000 fine, up to six months in jail, and a license suspension, with second and later offenses escalating sharply.8Justia Law. Florida Code 316.193 – Driving Under the Influence; Penalties
Flying Out of Miami
TSA officers at Miami International Airport screen for security threats, not drugs, and do not actively search for marijuana. But if cannabis turns up during a routine screening, TSA is required to refer the matter to local law enforcement. Outcomes range from being told to discard the product, to a citation, to arrest. Federal law governs airspace, so even a valid Florida medical card does not make flying with cannabis safe, and hemp-derived labeling on gummies, oils, or vape cartridges rarely gets resolved fast enough to save your flight.