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Palm Bay, FL Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Threshold
20 grams or less
1st offense
$150 or 15 hrs service
2nd offense
$300 or 30 hrs service
3rd offense
$500 + STEPS treatment
Citation cap
max 3 civil citations

Summary

Palm Bay police may issue a civil citation instead of a criminal charge for possessing 20 grams or less of cannabis or drug paraphernalia, with escalating fines and mandatory treatment for repeat violations.

(B) The following misdemeanors under state law are eligible to receive a civil violation notice, at the discretion of a law enforcement officer: (1) Possession of twenty (20) grams or less of cannabis, as set forth in Fla. Stat. § 893.13(6)(b)... (D) Penalties. (1) For the first violation, the violator shall pay one hundred fifty dollars ($150) OR elect to perform fifteen (15) hours of community service to be performed at the Habitat for Humanity of Brevard County.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-41: Supplement contains: Local legislation current through Ord. 2026-13, passed 5-21-26).

Full Breakdown

Under § 130.02, a Palm Bay police officer may issue a civil notice of violation, instead of a state misdemeanor charge, to anyone 18 or older caught with 20 grams or less of cannabis (Fla. Stat. § 893.13(6)(b)) or drug paraphernalia, unless a felony, DUI, domestic violence, or violent crime is also involved. A first offense costs $150 or 15 hours of community service; a second is $300 or 30 hours; a third is $500 plus mandatory outpatient treatment through STEPS of Brevard County. No one may receive more than three civil citations under this section.

Violations & Fines

Failing to pay the fine, complete community service, or request a hearing within ten business days can trigger collections, a recorded judgment, or referral to the State Attorney for criminal prosecution.

Frequently Asked Questions

Can Palm Bay police still charge marijuana possession as a crime?
Yes: the civil citation is discretionary; officers may pursue the state misdemeanor charge instead under § 130.02(C).
What happens after three civil citations?
A person is no longer eligible for a civil citation and faces the standard state misdemeanor charge for further violations.

Sources & Official References

Other rules in Palm Bay

All Palm Bay rules

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