Monroe County, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Monroe County Code § 17-7
- Possession threshold
- 20 grams or less of cannabis
- Minimum fine
- $100.00
- Maximum fine
- $500.00
- Uncontested citation cost
- $100.00 paid at clerk's office
- Dual-charge bar
- no county citation plus comparable state charge
- Age limit
- adults 18+ only; juveniles excluded
Summary
In the unincorporated Florida Keys (Monroe County), Sec. 17-7 lets law enforcement cite, rather than arrest, an adult possessing 20 grams or less of marijuana or related paraphernalia. The minimum civil fine is $100.00, capped at $500.00, and the same officer cannot also charge the comparable state marijuana statute for that same incident.
(b)Prohibition. ... No adult shall possess:(1)Cannabis (marijuana) in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b); or(2)Drug paraphernalia used in ingesting cannabis, as set forth in F.S. §§ 893.146 and 893.147(l)(b). ... (d)Penalty. Upon conviction, any person violating this section shall be punished as provided by law.(1)[Fine.] Notwithstanding any other provision of this section, a violation of subsection (b) shall be punishable by a fine. The minimum penalty for a violation shall be a fine in the amount of at least $100.00 but not to exceed $500.00. ... (4)Uncontested citation. If the party cited does not contest the citation, the penalty given shall be $100.00, which shall be paid at the clerk's office.
Full Breakdown
147(l)(b). An officer cannot use both the county citation and a comparable state charge for the same event; it is one or the other. The citation must show the date and time issued, the person's name and address, the infraction date, the officer's name and title, how to pay or contest the penalty, and a warning that failing to pay or appear lets the county seek a court order for the person to show cause, with contempt possible if that order is ignored. 083. The section applies only to adults 18 or older; juveniles cannot be charged under it.
Enforcement runs across the unincorporated county and, because the citation authority reaches simple possession and paraphernalia wherever an officer encounters it, including Keys beaches, parks and rights-of-way, it functions as the county's mechanism for handling visible marijuana use in public without an arrest.
Violations & Fines
A violation is a civil infraction, not a crime. The fine is at least $100.00 and no more than $500.00; an uncontested citation is settled by paying $100.00 at the clerk's office. Court costs and surcharges are added as for a class 1 non-criminal violation. Refusing to sign the citation is a second-degree misdemeanor under state law.
Frequently Asked Questions
Will I be arrested for smoking marijuana in public in the Keys?
How much is the fine for a marijuana citation in unincorporated Monroe County?
Does this citation option apply to minors?
Sources & Official References
Other rules in Monroe County
Florida rules heatmap·Compare Monroe County to another location·View the Florida public conduct overview
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