Know Before You Go: How Florida’s Medical-Only Laws Affect Tourists

Understanding cannabis laws in South Florida requires separating state rules from local ordinances and federal restrictions. Florida remains a medical-only state; a 2024 constitutional amendment to legalize adult use failed to reach the 60% threshold, so recreational possession and sales remain illegal.


Who Can Buy and Possess

Only qualified patients registered in Florida’s Medical Marijuana Use Registry (MMUR) and carrying a valid ID card may purchase and possess medical cannabis from Medical Marijuana Treatment Centers (MMTCs). Visitors’ out-of-state cards are not accepted; seasonal residents may apply for a Florida card if they meet residency requirements.


State Possession and Purchase Limits

For smokable cannabis, the state caps purchases at 2.5 ounces per 35 days and possession at 4 ounces of whole flower at any time. Other dosage forms are governed by a 70-day aggregate THC cap (generally 24,500 mg THC) with product-type daily limits. Physicians may request exceptions through the registry.


Where Use Is Permitted

Public consumption is prohibited statewide; use is restricted to private residences and non-public spaces. Miami Beach additionally bans smoking (including marijuana) on beaches and in parks.


Driving and Boating

Florida’s DUI law applies to cannabis. Operating a vehicle while impaired by a controlled substance is illegal and carries the same penalties as alcohol-related DUI; administrative consequences escalate for repeat offenses. Visitors should avoid driving or piloting a vessel after consuming cannabis.


Airports and Federal Property

Cannabis remains illegal under federal law. TSA does not search for marijuana but must refer apparent violations to law enforcement; hemp-derived products with 0.3% THC or less are the exception. Travelers should not bring marijuana into airports or onto federal lands.


Hemp and “Delta-8” Products

Florida allows hemp products meeting the 0.3% delta-9 THC limit under federal law. In 2024, a bill to sharply restrict intoxicating hemp compounds was vetoed, and debates continue, so rules may evolve. Visitors should check product labels and age requirements before buying.


Local Reality Check for South Florida

Miami-Dade, Broward, and Palm Beach counties follow state law: recreational cannabis remains illegal. While small personal-possession civil citations are used in some cities, these do not legalize use or sales. Miami Beach has also increased penalties and enforcement during peak tourism periods.


Enforcement and Tracking

Licensed MMTCs verify a patient’s active MMUR status at checkout. Purchase history is tracked, and sales stop once rolling limits are reached. Law enforcement treats unauthorized possession as a criminal offense under state law, regardless of local citation programs. Transporting cannabis across state lines remains illegal under federal law.


Quick Tips for Visitors

  • If you are not a Florida MMUR patient, do not purchase, possess, or use marijuana.
  • Never consume on beaches, in parks, hotels’ public areas, or vehicles.
  • Do not drive after use; choose rideshare or other transport.
  • Do not fly with marijuana; consider compliant hemp-CBD only.