Miami Beach, FL Public Conduct: Public Marijuana Use (2026)

City Code Sec. 70-7(b)(1) bans smoking any cannabis, marijuana or hemp product on public property, defined broadly under Sec. 70-7(a)(3) to include public rights-of-way, streets, sidewalks, parks, playgrounds, beaches, seawalls, beach access points, golf courses, marinas, parking garages, walkways and boardwalks owned, operated, leased or managed by the city. 'Smoking' covers inhaling, exhaling, burning, carrying, igniting or possessing a lighted cannabis, marijuana or hemp product (Sec. 70-7(a)(4)). Stores and businesses selling smokable cannabis, marijuana or hemp products must post a sign with letters at least one-half inch tall stating that smoking these products on public property is unlawful and violators face criminal prosecution; failing to post that sign is itself a separate violation (Sec.

70-7(b)(2)). The Miami Beach Police Department enforces the public-smoking ban under Sec. 1-14 of the city code, while the police department or code compliance department enforces the signage requirement with escalating civil fines: $1,000 for a first offense, $2,000 for a second within 12 months, $3,000 for a third, and $5,000 for a fourth (Sec. 70-7(c)(2)). A violator served with a notice for the signage violation can pay the fine or request an administrative hearing before a special magistrate within ten days; missing that window waives the right to a hearing and is treated as an admission. Liens on unpaid fines can be foreclosed three months after recording.