Is Weed Legal in Miami? Cannabis Laws Explained (2026)

The Short Answer

Cannabis in Miami exists in a legal gray area. Recreational marijuana is still illegal under Florida state law, but Miami-Dade County has decriminalized possession of small amounts — meaning you won't go to jail for having less than 20 grams. Medical marijuana is fully legal for qualified patients through licensed dispensaries. And cannabis delivery services operate throughout South Florida, serving customers across Miami-Dade and Broward County every day.

Here's what that actually means for you in 2026 — no legal jargon, just the facts.

Miami-Dade Decriminalization: What Changed

In 2015, Miami-Dade County passed an ordinance that decriminalized possession of up to 20 grams of cannabis. Instead of arrest and criminal charges, getting caught with a small amount now carries a civil citation — essentially a $100 fine for the first offense, similar to a parking ticket.

This was a major shift. Before the ordinance, even minor possession could result in arrest, a criminal record, and up to a year in jail under Florida Statute 893.13. The decriminalization doesn't make cannabis "legal" — it's still technically against the law — but it dramatically reduced the consequences for personal use.

Key details about the Miami-Dade ordinance:

• First offense: $100 fine, no arrest
• Second offense: $200 fine
• Third offense: $500 fine
• Fourth and beyond: officer discretion — may result in arrest
• Applies to: possession only, not sale or distribution
• Amount: 20 grams or less (about 0.7 ounces)

Broward County passed a similar ordinance around the same time, so the rules are consistent across the greater Miami metro area.

Florida State Law: Where Things Stand

At the state level, Florida has not legalized recreational cannabis. Here's the current breakdown:

• Possession under 20g: misdemeanor, up to 1 year jail and $1,000 fine (but decriminalized locally in Miami-Dade)
• Possession over 20g: felony, up to 5 years in prison
• Sale or distribution: felony charges regardless of amount
• Home cultivation: not permitted, even for medical patients

The gap between county decriminalization and state prohibition creates the gray area that defines Miami's cannabis culture. Law enforcement in Miami-Dade generally follows the local ordinance for minor possession, but state law still technically applies.

The 2024 Vote: Amendment 3

In November 2024, Florida voters considered Amendment 3 — a ballot measure that would have legalized recreational cannabis for adults 21 and older statewide. The results were close: a majority voted yes, but it fell short of the 60% supermajority required by Florida's constitution to pass.

A new proposal has been filed for the 2026 ballot, aiming to bring the question back to voters. If passed, it would allow licensed dispensaries to sell recreational cannabis — potentially transforming Florida into one of the largest legal cannabis markets in the country.

For now, the legal landscape remains unchanged: medical only at the state level, with local decriminalization for small amounts in Miami-Dade.

Medical Marijuana in Miami

Florida legalized medical marijuana in 2016 through Amendment 2. To access it legally, you need:

• A Florida medical marijuana card (costs about $75 for the state application, plus $200-300 for a physician evaluation)
• A qualifying condition — including chronic pain, PTSD, cancer, epilepsy, Crohn's disease, glaucoma, HIV/AIDS, MS, Parkinson's, ALS, and others
• To be a Florida resident (permanent or seasonal with 31+ consecutive days per year)
• To be 18 years or older (minors need a caregiver)

Licensed Medical Marijuana Treatment Centers (MMTCs) operate dispensaries and delivery services across Miami-Dade, including in Hialeah, Doral, Miami Beach, and Homestead. The medical program generated over $1.2 billion in sales in Florida in 2020 alone.

How Cannabis Delivery Works in Miami

Cannabis delivery has become the most popular way to purchase in Miami. Whether through licensed MMTCs for medical patients or through services like Stonies for the broader market, same-day delivery is available throughout Miami-Dade and Broward County.

Here's what to expect when ordering delivery:

• Age verification: you must be 21+ with a valid government-issued ID
• Delivery time: typically 60 minutes or less
• Products available: flower, edibles, vapes, concentrates, pre-rolls, and more
• Minimum order: usually $50
• Packaging: discreet, unmarked packaging for privacy
• Payment: cash on delivery is standard

If you're curious about where delivery is available, check our delivery areas page — we cover 137 ZIP codes across Miami-Dade and Broward.

What You Need to Know Before Ordering

A few practical things to keep in mind:

• Public consumption is illegal — regardless of decriminalization, smoking or consuming cannabis in public spaces, parks, or beaches can result in fines or arrest
• Driving under the influence carries DUI penalties — zero tolerance in Florida
• Federal property (airports, federal buildings) follows federal law where cannabis remains fully illegal
• Hotels and rentals may have their own policies — always check before consuming on someone else's property
• Traveling with cannabis across state lines is a federal offense, even between two legal states

If you're new to cannabis and want to start with something mild, our beginner's guide to edibles or first-time smoking tips can help you find the right starting point. And if you're not sure which product is right for you, the how to choose a strain FAQ breaks it down simply.

The Bottom Line

Is weed legal in Miami? Not technically — but it's decriminalized for personal amounts, widely available through delivery services, and the state is actively moving toward full legalization. Miami-Dade's $100 fine policy, combined with a thriving medical program and accessible delivery, means that cannabis is a normal part of life for hundreds of thousands of South Florida residents.

At Stonies, we've delivered over 50,000 orders since 2020 across 137 ZIP codes in Miami-Dade and Broward County. Whether you're a first-time buyer or a regular customer, we offer lab-tested, premium products with same-day delivery in about 60 minutes. Browse our full menu to see what's available today.