Broward County, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Eligible offense
- Cannabis possession of 20 grams or less
- Community service
- 8 / 16 / 32 hours, 1st/2nd/3rd violation
- Screening deadline
- 10 days after Citation issued
- Compliance window
- 90 days to finish services or hours
- Administering agency
- Broward County Human Services Department
- Disqualifier
- 3rd prior Citation or opting out
Summary
Broward County lets officers issue a civil citation instead of a criminal charge for possessing 20 grams or less of cannabis in public. Section 21-6 names it an Eligible Offense under the county's Adult Civil Citation Program, run by the Human Services Department.
"Eligible Offenses" means any and all Nonviolent Offenses that constitute a misdemeanor under state law or the Broward County Code of Ordinances (the "Code") including, but not limited to, possession of twenty (20) grams or less of cannabis, possession of drug paraphernalia, misdemeanor assault, misdemeanor battery (if the law enforcement officer determines the encounter resulted in no or minor injuries and, if it is determined that there is a minor injury, the victim consents to the issuance of the Citation), retail theft of a shopping cart, trespass on property other than a structure or conveyance, petit theft, criminal mischief, disorderly conduct, littering, loitering, possession of alcoholic beverages by persons under age 21, as those terms are defined by state law, or public camping or sleeping under Section 21-2 of the Code. ... Any law enforcement officer in a jurisdiction in which this section applies shall have the discretion to issue a Citation under this section in lieu of a state misdemeanor charge for the same violation, subject to the following limitations: No Citation shall be issued under this section if the violation is an Ineligible Offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72 | Administrative Code: Supplement 28).
Full Breakdown
Under Broward County Code § 21-6, possession of twenty (20) grams or less of cannabis is listed by name as an Eligible Offense for the Broward County Adult Civil Citation Program. Any law enforcement officer working in a participating jurisdiction has discretion, not an obligation, to issue a civil Citation under this section in lieu of a state misdemeanor charge for the same conduct. That discretion is cut off if the person also faces an Ineligible Offense (felonies, domestic violence, DUI), has already used up three prior Citations under this section, has a misdemeanor conviction within the prior 12 months, or a felony conviction within the prior 36 months.
A person issued a Citation must report to the Human Services Department for Screening within ten days, agree to pay a Program Fee that can be set on a sliding scale, and not contest the Citation. The Department then recommends Behavioral Health Treatment, an Educational Course, or Restorative Justice, and the person must complete mandatory community service: eight hours for a first violation, sixteen for a second, and thirty-two for a third. Failing to report for Screening, finish the recommended treatment or hours within ninety days, or pay the Program Fee sends the case back to the arresting agency, which can then refer it to the State Attorney for prosecution as a normal misdemeanor.
The section does not apply inside any municipality that has passed a conflicting ordinance or formally opted out at a public meeting, so whether this diversion track is available for public cannabis possession depends on which city within the county the citation is issued in.
Violations & Fines
Cannabis possession of 20 grams or less charged this way is processed as a civil Citation, not an arrest, but only while the person stays inside the Program's rules. Missing the ten-day Screening deadline, skipping the required community service (8/16/32 hours by violation number), or failing to pay the sliding-scale Program Fee gets the case reported back to the issuing agency, which may then refer it to the State Attorney's Office for prosecution as a standard state misdemeanor under Fla. Stat. Chapter 893, exposing the person to a criminal record instead of a citation.
Frequently Asked Questions
Can Broward County police just arrest someone for having a small amount of marijuana in public?
Does the civil citation program apply everywhere in Broward County?
What happens if someone skips the required classes or community service?
Sources & Official References
Other rules in Broward County
Florida rules heatmap·Compare Broward County to another location·View the Florida public conduct overview
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