Is weed Legal in Miami? The straightforward answer is, ‘No, it is not legal.’ However, there are nuances that you need to know before reaching any sort of conclusion. Therefore, sit back and relax, and let us answer all the necessary queries you might have about Miami and weed.
Florida Weed Laws
The legality of weed solely depends upon the kind of usage you are going for. If you are a medicinal user, then you can rest easy. As per the current laws, you are cleared to use cannabis in private if you have one of the few approved conditions. However, if you are a recreational user, then the answer is a hard no.
As explained, you are cleared to use cannabis if you have a proper medical prescription. This prescription has to be approved by a state-certified medical practitioner. Therefore, we suggest that you visit a doctor to get your prescription approved. You must show the doctor that you have one of the approved conditions and that you have tried other modes of treatment and found no results.
Once the doctor approves that you need medical cannabis for your ailment, your prescription will be sent to the Florida Department of Health. Here, your prescription would have to go through another round of approval, clearing which you would receive your card. Then you can use this card to buy your weed from any of the state-regulated dispensaries.
However, do keep in mind that you need to renew your prescription after 30 weeks. Subsequently, after a year after your initial examination, you need to go for an in-person checkup to see if you still need medical cannabis for your medical condition.
Hence, this is the state of medical cannabis in the state of Florida. But does it ring true for Miami as well? Let us dig deeper to answer your question, “Is weed legal in Miami?”
Now that we know that medical marijuana is legal in the state of Florida, it is time we should understand the different medical conditions that you need to look out for in order to properly understand whether you are cleared for a medical license. These conditions include multiple sclerosis, Parkinson’s, Crohn’s disease, PTSD, HIV/AIDS, glaucoma, epilepsy, cancer, arthritis, anorexia, anxiety, and ALS.
Apart from the specifically mentioned medical conditions, you might have some other ailments that can be cleared for medical marijuana under certain conditions. These can be highly progressive autoimmune diseases like Lupus or in order to manage chemo pain. Therefore, you can be prescribed outside the bounds of the prescribed conditions but with proper medical documents to back up that prescription.
Therefore, consulting a doctor is the best way to move forward. Walking into a dispensary with an excuse and shoddy prescription can only land you into trouble and not solve anything. Hence, we would suggest that you go through the proper channels to avoid trouble with the law.
What Is Up With Miami?
Now that you are familiar with the marijuana laws of Florida, you are ready to proceed to the next leg of the discussion that answers questions like, “Is it legal to smoke weed in Miami” or, more specifically, “Is weed legal in Miami Florida.” According to Florida statute 893.13, possession and sale of cannabis are criminal offenses, and anyone found committing these violations is liable for strict action. The penalties vary according to the amount. Do not worry, as we will discuss the penalties in detail later on.
However, things changed when the Florida government implemented the Compassionate Medical Cannabis Act in the year 2014. As explained earlier, according to this act, a user can use cannabis medically if he or she has the proper credentials to back it up.
Miami follows what the Florida State government has decided. Therefore, if you ask, “Is it legal to smoke weed in Miami Beach or any other public places?” The answer would surely disappoint you, my friend. In Miami, recreational consumption of weed or public consumption is a criminal offense and would be dealt with in a similar manner.
However, one interesting fact is that if you are found in possession of weed in smaller amounts, then you can be let off the hook. Even though possession is classified as a felony, misdemeanor, or violation, still, if the amount you are carrying is minuscule, the Miami-Dade Attorney’s Office can choose to ignore it. But if you are a repeat offender, then you will not be shown the courtesy. Therefore be very careful.
Now when it comes to public smoking, like smoking weed in Miami Beach or parks, then the officials might not turn the other way. As of 2023, according to ordinance 70-7 passed by the City of Miami Beach, it is unlawful to engage in cannabis consumption in public places. Therefore, please refrain from ‘lighting one up’ in public places. This can land you in trouble.
As explained earlier, the penalties for cannabis law violations can range according to the amount of weed. Therefore, it is always better to know the exact severity of the legal proceedings if you do find yourself in trouble with the law.
- If you are found smoking in public, you can be charged a $500 penalty, along with a 60 days incarceration.
- If you are found possessing under 20 grams, then you can be facing a jail time of upto a year and a fine of $1000.
- If you are in possession of more than 20 grams of marijuana, then you can be charged with ‘possession with an intent of distribution.’ Hence, you would face a more severe charge that can be around 30 years in prison without the scope of early parole and a penalty of around $50,000.
There you go; we think you can finally answer whether is weed legal in Miami yourself. Right now, weed or marijuana enjoys the status of a decriminalized substance and not a legal substance. Hence, do expect some restrictions from the authorities.
Nonetheless, with the increasing awareness about cannabis and its usage, things can turn around in the long run. So, it is just a matter of time before we some widespread changes in the legal status of cannabis throughout the country.
Samik has been a literature student all along and uses his fluidity to write about multi-niche topics. Aspiring to be a professional writer, he tries to analyze his topic from a critical standpoint but still adds a hint of personal perspective to the end product. Being a person having a general inclination toward global politics and documentary filmmaking, he also wishes to write and document more about numerous conflicts that are brewing in the different corners of the globe.