Miami, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- First offense
- $100 civil fine
- Second offense
- $200 civil fine
- Third+ offense
- $500 civil fine
- Continued violation
- removal up to 24 hours
- Fine appeals go to
- special magistrate
Summary
Miami bans smoking or vaping cannabis in every city park and public beach. Fines escalate from $100 for a first offense to $500 for a third within 12 months, plus possible removal from the premises.
(b)Prohibition. It shall be unlawful for any person to smoke or vape including, but not limited to, tobacco or cannabis, in all of their forms and extract products, in public parks or public beaches.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23 | Ordinance 11000 (Previous Zoning Code): Supplement 22 | Miami 21 (Zoning Code): ?).
Full Breakdown
Under Sec. 37-17, it is unlawful to smoke or vape cannabis or tobacco, in any form or extract, in a Miami public park or public beach. The ordinance defines cannabis broadly to include derivatives, extracts and cannabinoids with a delta-8 THC concentration up to 0.3 percent on a dry-weight basis. Violations are civil infractions, not crimes: a first offense within 12 months draws a $100 fine, a second draws $200, and a third or later offense draws $500. Anyone who keeps smoking or vaping after a warning or fine can also be removed from the park or beach for up to 24 hours. Code enforcement officers and City of Miami Police can issue citations, and fines are appealable to a special magistrate.
Violations & Fines
Civil infraction, not a criminal charge: $100 first offense, $200 second offense, $500 third-or-later offense within 12 months, plus removal from the park or beach for up to 24 hours for continued violations.
Frequently Asked Questions
Is smoking marijuana illegal in Miami parks?
Can police arrest someone for vaping cannabis at a Miami beach?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in Miami-Dade County handle public marijuana use.