Is Weed Legal in Miami, Florida? (May 2026 Guide)

Recreational marijuana status in Florida (May 2026)

Recreational marijuana is illegal in Florida as of May 2026. The most recent major legal effort to change this was Florida Amendment 3 — a constitutional ballot measure on the November 2024 election. The amendment proposed legalizing recreational marijuana possession and use for adults 21 and older. It received 55.9% support — falling short of the 60% supermajority required for Florida constitutional amendments to pass. As a result, recreational use, possession, cultivation, and sale of marijuana remain illegal under Florida state law.

Penalties for unauthorized marijuana possession are significant. Possession of 20 grams or less is a first-degree misdemeanor — punishable by up to 1 year in jail, fines up to $1,000, and a 1-year driver's license suspension. Possession of more than 20 grams is a third-degree felony — up to 5 years in prison and fines up to $5,000. Possession with intent to sell, cultivation, and trafficking carry enhanced penalties up to 30 years for large quantities.

Future legalization is possible through another ballot initiative or legislative action, but no such measure is currently on the 2026 ballot. The legal landscape may change, and we update this page as state law evolves.

Florida medical marijuana program

Florida's medical marijuana program was established by Amendment 2 in 2016. It allows qualifying patients to purchase and use medical-grade marijuana from state-licensed dispensaries. To qualify, you must:

1. Be a Florida resident.
2. Have a qualifying medical condition (cancer, epilepsy, glaucoma, PTSD, ALS, Crohn's disease, Parkinson's, multiple sclerosis, HIV/AIDS, terminal illness, chronic pain caused by a qualifying condition, or other debilitating condition recommended by a physician).
3. Be evaluated by a Florida-licensed physician with a Medical Marijuana certification.
4. Register with the Florida Department of Health's Office of Medical Marijuana Use (OMMU) and obtain a Medical Marijuana Use Registry ID card.

Once registered, patients purchase from Medical Marijuana Treatment Centers (MMTCs). Major MMTCs serving the Miami area include Trulieve, MUV (Verano), Curaleaf, RISE Cannabis (Green Thumb Industries), Surterra Wellness, and others. The program offers flower, vaporizer cartridges, edibles (in limited form), tinctures, capsules, and topicals.

Hemp-derived THC: federal and Florida legality

The 2018 federal Farm Bill (officially the Agriculture Improvement Act of 2018) legalized hemp and hemp-derived products at the federal level, distinguishing hemp from marijuana based on delta-9 THC concentration. Hemp is defined as cannabis with 0.3% or less delta-9 THC by dry weight. Hemp-derived products containing other cannabinoids — delta-8 THC, delta-9 THC (under the 0.3% threshold), delta-10 THC, HHC, THCa, THCv, CBD, CBG — are federally legal under this framework.

Florida has adopted the federal hemp framework via Senate Bill 1020 (2019), which created the state hemp program under the Florida Department of Agriculture and Consumer Services (FDACS). Florida's hemp program permits the sale and consumption of hemp-derived products to adults 21 and older. Some states (Colorado, Washington, New York, Vermont) have banned or restricted delta-8 specifically, but Florida has not.

What this means in practice: hemp-derived products can produce psychoactive effects similar to traditional cannabis. Delta-8 THC, for example, is approximately 75% as psychoactive as delta-9. Delta-10 is milder. Hemp-derived delta-9 (under 0.3% by dry weight, in formats with sufficient mass to deliver active dose — e.g., 10mg gummy from a 5g gummy = 0.2% delta-9) is legally identical to marijuana-derived delta-9 in effect, but legally distinct in source and concentration.

Public consumption rules

Public consumption of any cannabis product — including federally-legal hemp-derived products — is prohibited throughout Florida. This applies to:

• Beaches (including Miami Beach, Hollywood Beach, Fort Lauderdale Beach)
• Parks (city, county, and state parks)
• Sidewalks and public streets
• Bars, restaurants, and indoor public spaces
• Hotel pool decks, lobbies, and common areas
• Vehicles in motion (driver and passenger)

Permitted consumption locations: private residences (where smoking is allowed by lease/HOA rules), hotel rooms designated as smoking rooms, private vehicles when parked on private property, and private events on private property. Always verify HOA, condo association, and lease rules before consuming on residential property.

Where Stonies fits

Stonies sells only federally-legal hemp-derived cannabis products under the Farm Bill 2018 framework. Our product range includes:

• Hemp-derived flower (under 0.3% delta-9 THC, naturally high in THCa or other minor cannabinoids)
• Pre-rolls made from hemp-derived flower
• Edibles (gummies, chocolates, drinks) with delta-8, delta-9, or delta-10 THC under federal hemp limits
• Vape cartridges and disposables with hemp-derived THC concentrates
• Concentrates (live resin, rosin) from hemp
• Magic mushroom gummies (psilocin/psilocybin alternatives — typically Amanita muscaria, legally distinct)
• CBD products (oils, gummies, topicals)

We do not sell medical marijuana, recreational marijuana, or any cannabis product exceeding 0.3% delta-9 THC by dry weight. All products are lab-tested for compliance and consumer safety, with Certificates of Analysis available on request. Verification is required at delivery: ID matching delivery name, age 21 or older.

Quick reference: what's legal vs. illegal

Authoritative resources

• Florida Office of Medical Marijuana Use (OMMU) — official state medical program
• Florida Department of Agriculture (FDACS) — Hemp and CBD
• 2018 Federal Farm Bill (full text)

Frequently asked questions

Is recreational marijuana legal in Miami in 2026?

No. Recreational marijuana remains illegal in the state of Florida as of May 2026. The 2024 ballot measure (Amendment 3) to legalize recreational use received 56% support — short of the 60% supermajority required for constitutional amendments in Florida.

Do I need a medical marijuana card to buy from Stonies?

No. Stonies sells federally-legal hemp-derived cannabis products under the Farm Bill 2018. You only need to be 21 or older and provide a valid ID at delivery. A medical marijuana card is required only for state-licensed medical dispensaries, not for hemp-derived products.

What's the difference between hemp-derived and marijuana cannabis?

Both come from the cannabis plant. The legal distinction is delta-9 THC concentration. Hemp is defined as cannabis with 0.3% or less delta-9 THC by dry weight (federally legal). Marijuana is cannabis with more than 0.3% delta-9 THC (federally illegal, state-regulated). Hemp-derived products can still contain THC and produce psychoactive effects — they're just defined differently legally.

What are the penalties for marijuana possession in Florida?

Possession of 20 grams or less of marijuana is a misdemeanor: up to 1 year in jail and/or up to $1,000 fine. Possession of more than 20 grams is a felony: up to 5 years in prison and/or up to $5,000 fine. Possession with intent to sell carries enhanced penalties. Hemp-derived products under 0.3% delta-9 THC are legal and not subject to these penalties.

Can I consume cannabis on Miami Beach or in public?

No. Public consumption of any cannabis product — including legal hemp-derived products — is prohibited throughout Florida. This includes beaches, parks, sidewalks, and any public space. Consume only in private residences (where smoking is allowed by lease/HOA), private vehicles when parked, or hotel rooms (where smoking is permitted).

Is delta-8 THC legal in Florida?

Yes. Delta-8 THC derived from hemp is legal in Florida under the federal Farm Bill 2018 framework, provided the product contains under 0.3% delta-9 THC by dry weight. Florida has not banned delta-8 (unlike some other states). Stonies' delta-8 products meet all federal and state hemp-derived requirements.

Where can I get medical marijuana in Miami?

Medical marijuana in Florida requires a state-issued Medical Marijuana Use Registry card. To qualify, you need a recommendation from a state-licensed physician for a qualifying condition, then register with the Florida Department of Health's Office of Medical Marijuana Use. Once registered, you can purchase from licensed Medical Marijuana Treatment Centers (MMTCs) like Trulieve, MUV, Curaleaf, RISE, and others. Stonies does not sell medical marijuana.

Disclaimer: This page provides general legal information about Florida cannabis law as of May 2026. It is not legal advice. Cannabis law is evolving — verify current regulations with the Florida Department of Health (medical marijuana), Florida Department of Agriculture (hemp), or a licensed Florida attorney. Stonies is not responsible for individual users' compliance with state and local laws. Always consume responsibly and follow all applicable rules in your location.