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) separated hemp from marijuana at the federal level 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 — that meet this definition are treated as hemp rather than marijuana and are excluded from the Controlled Substances Act's marijuana controls. That classification does not by itself make a product lawful to manufacture, market, sell, or deliver — FDA (under the FD&C Act) and Florida requirements also apply.

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. Federal law in this area is changing. Congress enacted P.L. 119-37 in November 2025. Beginning November 12, 2026, the federal definition of hemp narrows to account for total THC, including THCA, imposes a 0.4 mg-per-container threshold for final hemp-derived cannabinoid products, and excludes certain cannabinoids synthesized or manufactured outside the plant. Because concentrated delta-8 is commonly produced by converting hemp-derived CBD, many commercial delta-8 products may no longer qualify as hemp after the new definition takes effect. The status of a specific product depends on its composition, manufacturing method, and applicable federal and Florida requirements.

Public consumption rules

Public consumption rules in Florida depend on the product, its form, and the location, but smoking and vaping in public are restricted — so the safe move is to avoid consuming cannabis in public. Places to avoid include:

• 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 hemp-derived products that fall within the federal hemp definition (under 0.3% delta-9 THC by dry weight) under the 2018 Farm Bill 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)
• Rescheduling of FDA-approved products (Federal Register, 91 FR 22714) — April 2026
• FDA — regulation of cannabis and cannabis-derived products
• Florida Statute §581.217 — State Hemp Program

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?

A Florida medical-marijuana card is not required for a product that lawfully qualifies as hemp and complies with applicable Florida product rules. This does not mean every delta-8 or delta-9 product is lawful. Stonies delivers hemp-derived products (within the federal hemp definition) to adults 21+ with a valid ID checked at the door; a state medical card is required only to buy marijuana from state-licensed dispensaries.

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, which federal law treats as hemp rather than marijuana. Marijuana is cannabis with more than 0.3% delta-9 THC and remains federally controlled and state-regulated. Hemp-derived products can still contain THC and produce psychoactive effects — they're just defined differently, and hemp status alone does not make a product lawful to sell or deliver.

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 within the federal hemp definition (under 0.3% delta-9 THC by dry weight) are treated as hemp rather than marijuana and are not subject to these marijuana penalties.

Can I consume cannabis on Miami Beach or in public?

It depends on the product, its form, and where you are — but public consumption isn't a safe bet. Smoking or vaping cannabis in public spaces like beaches, parks, and sidewalks is restricted in Florida. The safe move is to consume privately — in a private residence (where your lease/HOA allows smoking), a parked private vehicle, or a hotel room where smoking is permitted.

Is delta-8 THC legal in Florida?

Hemp-derived delta-8 that meets the federal hemp definition (under 0.3% delta-9 THC by dry weight) has been sold in Florida under the 2018 Farm Bill framework, and Florida has not banned delta-8 as some states have. That is not a blanket statement that all delta-8 is lawful — legality depends on a product's composition, how it was made, and FDA and Florida rules. Federal law is also changing: under P.L. 119-37 the hemp definition narrows on November 12, 2026, and many concentrated delta-8 products may no longer qualify as hemp. Verify current law.

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.

Is it legal to have hemp-derived cannabis delivered to my door in Miami?

Generally, yes — having hemp-derived cannabinoid products (within the federal hemp definition) delivered is treated much like buying them in a store, and that's exactly how Stonies operates across the Miami area. Every delivery still requires a valid government-issued ID showing you're 21 or older, checked at the door before anything changes hands. This is general information and not legal advice, so verify your local rules or consult a Florida attorney if you have questions. You can see what's available and where we deliver on our shop and delivery areas pages.

What ID do I need, and is it really 21 and up?

Yes — you must be 21 or older with a valid, unexpired government-issued photo ID (like a driver's license, state ID, or passport), which our driver verifies at the door on every order. This is the same age standard many adult-use products follow, and there are no exceptions or workarounds. Keep your ID handy when your delivery arrives so the handoff goes quickly. For more on how ordering works, check our FAQ.

Is THCA legal in Florida?

THCA is a naturally occurring compound in the cannabis plant, and hemp is defined federally as cannabis containing under 0.3% delta-9 THC by dry weight — that federal hemp definition is the well-established framework the industry relies on. Because the details around specific cannabinoids can shift and get interpreted differently, it's smart to stay informed and treat this as general information rather than legal advice; consult a Florida attorney or verify current local regulations for your situation. For a plain-English overview of what's legal in Miami, see our delivery legality guide.

Can I legally buy hemp-derived edibles and vapes in Florida?

Hemp-derived edibles and vapes made from hemp with under 0.3% delta-9 THC by dry weight — within the federal hemp definition — are what Stonies sells to adults 21+. As with any evolving area, rules can be updated, so treat this as general information and not legal advice; verify local regulations or consult a Florida attorney if you're unsure. You can browse our edibles and vapes to see what's on offer.

Disclaimer: This page provides general legal information about Florida cannabis law as of July 2026. It is not legal advice. Hemp-derived products that meet the federal hemp definition are excluded from the Controlled Substances Act's marijuana controls, but that classification does not by itself make a product lawful to manufacture, market, sell, or deliver — FDA (FD&C Act) and Florida requirements also apply, and the federal hemp definition narrows on November 12, 2026 under P.L. 119-37. 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.