Daytona Beach, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Possession threshold
- 20 grams or less of cannabis
- Civil citation fine
- Up to $500.00
- Also covers
- Cannabis paraphernalia
- Applies
- Citywide, inside Daytona Beach limits
- Adopted
- Ord. No. 16-155 (2016), amended 2019
Summary
Daytona Beach makes possessing 20 grams or less of cannabis, or cannabis paraphernalia, a citywide civil offense under City Code § 62-34. Officers can issue a civil citation with a fine up to $500 instead of pursuing a state misdemeanor charge.
(a)Prohibitions. It shall be unlawful for any person to possess 20 grams or less of cannabis as defined in F.S. § 893.02(3), or its successor, or drug paraphernalia used for or with cannabis, as defined in F.S. § 893.145, or its successor.(b)Jurisdiction. This section shall be applicable within the city limits of the City of Daytona Beach.(c)Penalty. Violations of this section are civil citations and shall be punishable by a fine not exceeding $500.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).
Full Breakdown
City Code § 62-34, adopted by Ord. No. 16-155 in 2016 and amended by Ord. No. 19-101 in 2019, gives Daytona Beach police an alternative to Florida's criminal cannabis statute. 145. Subsection (b) confirms the rule reaches anywhere within the city limits of Daytona Beach, which covers public streets, parks, the beach approach roads and any other city property, so a person consuming or holding a small amount of cannabis in public falls squarely within the ordinance. 00, rather than criminal fines or jail time.
13 for the same conduct, which the local code does not preempt. The 2019 amendment did not change the possession threshold or penalty amount, only technical language, so the 20-gram/$500 structure set in 2016 remains current.
Violations & Fines
An officer who finds 20 grams or less of cannabis, or related paraphernalia, on a person anywhere inside Daytona Beach city limits may issue a civil citation under § 62-34(c) rather than make an arrest. The fine for the civil citation cannot exceed $500.00. The ordinance does not bar the state from separately charging possession under F.S. § 893.13 for the same conduct.
Frequently Asked Questions
Can Daytona Beach police give a ticket instead of arresting someone for a small amount of marijuana?
Does the Daytona Beach ordinance cover marijuana paraphernalia too?
Where in Daytona Beach does this civil citation rule apply?
Sources & Official References
Other rules in Daytona Beach
Florida rules heatmap·Compare Daytona Beach to another location·View the Florida public conduct overview
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