Some people are confused about the laws regarding cannabis delivery in Miami, Florida. Basically, it’s still illegal to use marijuana recreationally. However, it is legal to use medicinal marijuana as long as you hold a valid and current medical marijuana card. The laws in Florida apply to Miami. The only difference is that Miami, if it chooses to, can be more forgiving when it comes to marijuana laws.
One example of this is that fact that, in Miami, if you’re caught with less than 20 grams of cannabis or marijuana paraphernalia, it’s not a crime. The officer has the discretion to issue a citation. The fine for a first offense is $100. For a second offense, it’s $200. If you’re caught for a third time, the fine goes up to $500 and you may have to go to a court hearing.
Florida also has certain laws when it comes to the delivery devices used for medicinal marijuana.
Florida Statute 381 Dictates What Forms of Cannabis Delivery are Legal
The statute in Florida that deals with the medical use of marijuana is section 381. First, the statute defines what the delivery of cannabis really is. According to the statute, the following laws apply to medical marijuana use:
- A marijuana delivery device is any object that can be used (or is intended to be sed) in the preparation, storage, ingestion, inhaling, or otherwise introducing the drug to the body. The device must be dispensed to the patient by his or her marijuana doctor.
- When it comes to smoking medicinal marijuana, it cannot be smoked in most public places. For example, even if you have a medical marijuana card, you can’t smoke cannabis in the following places:
- Within 1000 feet of a school, college or park
- Public transportation
- Place of employment
- Public places (unless otherwise designated)
- Jail
- The statute also prohibits someone with a medical marijuana card from procuring or giving cannabis to a third party. This is considered akin to dealing illegal drugs.
- You must have your medical marijuana card on you at all times and must present it to a member of law enforcement upon request
What About Delivery of Cannabis in a Private Place?
The law in Florida is pretty clear when it comes to the delivery of cannabis in a private place. If you have a medical marijuana card, you’re free to use any sort of delivery device while in the privacy of your own home. This includes smoking cannabis and eating edibles. The law also allows patients to purchase their own delivery device for smoking marijuana. For all other methods of delivery, the device must be prescribed or provided by your doctor.
Until last March, it was illegal in Florida for people with a medical marijuana card to smoke cannabis anywhere. However, the law was amended to allow the patient and their doctor to choose whatever form of delivery is best for the patient. If this means smoking marijuana, then so be it. However, even if your doctor recommends that you smoke cannabis, you still have to follow the laws about smoking in public places.
Miami Beach Has Banned Smoking Cannabis in Public Places
Even if you have a medical marijuana card, you don’t want to smoke marijuana anywhere in a Miami Beach public place. They don’t treat this as a civil offense, worthy of a fine. Instead, they do consider it a crime. You will be charged with escalating offenses if you’re caught smoking cannabis in Miami Beach.
