Is Weed Legal In Miami, Florida?

Planning a trip to Miami and trying to get a clearer picture of the green scene? Here’s everything you need to know about Miami’s cannabis laws as well as other places to find weed around Miami. 

Is weed legal in Miami, Florida? 

In short, the answer is both yes and no. It’s legal for medicinal purposes, but recreational marijuana is still illegal with pretty harsh penalties if you get caught with it. Just like other states, Marijuana and its synthetic “equivalents” (like Spice or K2) are considered Schedule I hallucinogenic substances, making cannabis just as dangerous as heroin in the eyes of the law. 

However, they do see medicinal value in cannabis and have established a medical marijuana program that strays further than your standard compassionate care programs. In Florida, you can shop at dispensaries and they all sell full-strength flower, edibles, concentrates, and more. 

[Read More: How to Find Weed in Miami]

Before we dive into that though, let’s get the penalties associated with illegal possession, cultivation and sale out of the way. Here’s a breakdown of the laws and penalties surrounding cannabis in Miami: 

Possession: 

• 20 g or less: Misdemeanor –  1 year in jail – $1000 fine
• 20g or more: Felony – 5-15 years in jail – Up to $25,000 fine
• Possession within 1000 feet of a school, college, park, or other specified areas: Felony – 15 years in jail – $10,000 fine 

Sale: 

• 20g or less: Misdemeanour – 1 year in jail – $1000 fine 
• More than 20g up to 25lbs: Felony – 5 years in jail – $5000 fine 
• Sale within 1000 feet of a school, college, park, or other specified areas: Felony – 15 years in jail – $10,000 fine

Cultivation: 

• Less than 25 plants: Felony – 5 years in jail – $5000 fine 
• More than 25 plants: Felony – 15-30 years in jail – Up to $50,000 fines

Miscellaneous: 

• Conviction causes a driver’s license suspension for a period of 1 year

Medical Marijuana in Miami Florida 

Since recreational cannabis in Florida is ruled out (considering those painful penalties), you might want to get involved with Florida’s medical marijuana program. 

Florida’s medical marijuana program became operational in 2016 with the first dispensaries opening up a year later. Now there are dispensaries all over the state, with a good concentration of them residing in Miami.

[Read More: 11 Best Dispensaries In Miami In 2022 You Need To Check Out]

If you’ve visited Florida in the past, it’s important to note how much the laws have been amended since they were first introduced. For example, the list of qualifying conditions for medical marijuana patients in Florida has lengthened significantly. In 2017, the first dispensaries could only sell non-smokable forms of cannabis with low concentrations of THC. However, that was amended in 2018 when they allowed for qualified patients to possess up to four ounces of herbal cannabis. It was amended again in 2020 to permit the sales of cannabis-infused edible products and concentrates by licensed retailers.

If you’re considering getting a medical card in Florida, you must be a Florida resident and you must have a doctor’s recommendation for one of the following qualifying conditions to get started.  

 

• ALS
• Cancer
• Crohn’s disease
• Chronic nonmalignant pain*
• Epilepsy
• Glaucoma
• HIV/AIDS
• Multiple sclerosis
• Parkinson’s disease
• PTSD
• Seizures
• Terminal illness (patients diagnosed with no more than 12-months to live)
• Other debilitating medical conditions comparable to those enumerated *Defined as “pain that is either caused by or originates from a qualifying medical condition”

If you have a qualifying condition, you’ll need to collect your medical records to prove your condition is treatment-resistant with traditional options. From there you just meet with a doctor and they’ll help you get your medical card. To apply, you need $50 for the card and registration and somewhere between $100-$300 for your doctor’s visit.

If recreational weed is illegal in Miami, where can I find some on the down low? 

While weed is illegal for recreational use in Miami, there are still quite a few loopholes when it comes to finding it and using it privately. Many people check out private 420-friendly events, offer delivery, or offer smoke shops and lounges. Check out trendy neighborhoods like Wynwood, Brickell and South Beach and you’ll be sure to stumble on what you’re looking for. Don’t get caught smoking in public or you could get fined or worse but if you’re discreet about it you’ll have nothing to worry about. If you want to stay on the safe side make sure to check out the best dispensaries in south Florida.