Know Before You Smoke: Florida Rules for Cannabis Possession at the Beach

Beach days in Florida come with sun, surf… and important cannabis rules. Whether you’re a medical marijuana patient or thinking about trying cannabis on vacation, understanding Florida’s laws—and how they apply at public beaches—is essential.

1. Recreational Use Remains Illegal

As of July 2025, Florida has not legalized recreational cannabis. The 2024 Amendment 3, which would have allowed adults 21+ to legally possess, purchase, and use cannabis, failed to reach the 60 percent threshold required for passage. Though it gained majority support, it did not become law.

That means any possession or use—regardless of amount—is still illegal for recreational users.

2. Medical Use Is Legal, But Highly Regulated

Florida approved medical marijuana via Amendment 2 in 2016, which permits qualified patients to possess specific quantities of cannabis after registering with the state’s Medical Marijuana Use Registry.

Current limits:

Smokable flower: Up to 2.5 ounces per 35‑day period, total possession capped at 4 ounces at any time.
Other product forms have limits quantified in milligrams and time spans, typically a 70‑day window.

But importantly, all cannabis must be used in a private residence. Public consumption—including at beaches—is prohibited, even for medical patients.

3. Criminal Penalties for Possession at the Beach

If you’re caught with cannabis—medical or otherwise—on a Florida beach, the law applies strictly:

Up to 20 grams (less than 0.71 oz):
Misdemeanor offense, punishable by up to 1 year in jail, up to a $1,000 fine, and potential driver’s license suspension.
Over 20 grams up to 25 lbs:
Felony, with penalties up to 5 years in prison and a $5,000 fine.
More than 25 lbs. and trafficking amounts:
Enhanced felony charges carry mandatory minimum sentences and large fines.

Florida also imposes tougher sentences if possession occurs within 1,000 feet of certain “sensitive areas” like parks, schools, or beaches. That can elevate a misdemeanor to a second‑degree felony, with mandatory minimum prison time of 3 years and fines up to $10,000.

4. Beach‑Specific Guidance

Public beaches are public property. Cannabis use or even presence is considered public use and is illegal.
Medical marijuana patients are not exempt: Florida statutes and municipal ordinances (for example, Miami Beach) explicitly prohibit smoking, vaping, or ingesting cannabis in public zones—even on the sand.
Local jurisdictions like Miami Beach, West Palm Beach, and others might issue civil citations for minor possession—but only under municipal decriminalization policies. However, these do not override state law enforcement, which retains full authority to impose criminal penalties.

5. What to Do If You’re Stopped

Remain calm and polite.
Know your rights—but don’t volunteer information.
If you’re a medical cannabis patient, carry your Florida Medical Marijuana ID and know you may only legally possess allowed amounts—and only use them off‑public property.
Contact a qualified criminal defense attorney if arrested. Even small amounts can result in jail, fines, driver’s license suspension, and court ramifications. Prior records and location-specific factors can worsen consequences.

Bottom Line

If you’re visiting Florida’s beaches: don’t smoke, vape, or carry cannabis—even if you have a medical card, unless you’re in a private residence. Recreational use is illegal, and penalties—even for small amounts—can be severe. Always stay informed, travel responsibly, and if in doubt, leave it at home when soaking up the Florida sun.