Florida remains a medical-only cannabis state. In November 2024, voters considered Amendment 3, which would have legalized adult-use recreational cannabis, but it did not achieve the 60% supermajority needed to pass. As of January 1, 2025, recreational possession, purchase, or use of cannabis is still prohibited across Florida, including in Sunny Isles Beach.
The state’s medical cannabis program is governed by Section 381.986 of the Florida Statutes and administered by the Department of Health’s Office of Medical Marijuana Use (OMMU). Patients must first obtain certification from a qualified physician, be entered into the Medical Marijuana Use Registry, and then receive a state-issued ID card. With this card, patients may purchase cannabis only from licensed Medical Marijuana Treatment Centers (MMTCs). Home cultivation remains prohibited.
There are strict limits on medical cannabis possession. Patients may obtain a 35-day supply of smokable cannabis not exceeding 2.5 ounces, with a maximum possession limit of 4 ounces at any time. Physicians may request an exemption if higher amounts are medically necessary. Non-smokable cannabis products are capped at a 70-day supply totaling no more than 24,500 milligrams of THC. These limits are closely monitored through the Medical Marijuana Use Registry.
Where cannabis may be consumed is another critical area of law. Public use of medical marijuana is prohibited, with very limited exceptions for low-THC forms. In Sunny Isles Beach, city ordinances specifically ban smoking in public parks and on the beach. For patients, this means cannabis use must remain confined to private residences or other lawful private property. Lighting up in a public setting such as the sand, boardwalk, or a city park could result in fines or citations.
Penalties for non-medical cannabis possession remain significant. Under Section 893.13 of the Florida Statutes, possession of 20 grams or less of cannabis is classified as a first-degree misdemeanor, which can result in up to one year in jail and a $1,000 fine. Possession of more than 20 grams is treated as a felony, with penalties that can include imprisonment and substantial fines. While Miami-Dade County does allow law enforcement discretion to issue a $100 civil citation for possession of 20 grams or less, this option is not guaranteed and depends on the officer’s judgment and circumstances.
Driving laws are equally strict. Florida’s DUI statutes apply to cannabis just as they do to alcohol. Driving while impaired by marijuana, even if legally obtained as a medical patient, can result in criminal charges, license suspension, and potential jail time. Patients and visitors alike should arrange alternative transportation if consuming cannabis.
The hemp and CBD market continues to operate in Florida, though it remains under scrutiny. In mid-2024, efforts to impose stricter regulations on hemp-derived products, including delta-8 THC, were vetoed. However, lawmakers are expected to revisit these issues, meaning consumers should remain cautious about purchasing intoxicating hemp products, especially when traveling.
For Sunny Isles Beach residents and visitors, understanding cannabis laws is essential. It is a popular tourist destination, and local enforcement is active in parks, beaches, and other public spaces. Patients should carry their OMMU card, purchase only from licensed dispensaries, and keep products in original packaging. For all others, recreational cannabis remains illegal, and violations can carry serious consequences. Knowing and respecting these rules protects both one’s health and one’s freedom while enjoying everything the city offers.